This column appears in the 2011 Summer Edition of "Declarations: Remembering 9/11" by the International Association of Claims Professionals, which has allowed Matt to re-post it as part of the DRI President's Blog

The passage of time dulls one’s senses typically.  However, for generations, there is always a defining moment that never goes away.  My parents remember hearing about Pearl Harbor like it was yesterday.  My family will always remember September 11, 2001 for a variety of reasons. And for DRI, September 11^th is one of the 3 defining moments in the organization’s 50 year history (the formal separation from the IADC and Hurricane Katrina being the other 2).

Pearl Harbor ushered in the Greatest Generation and the explosive growth that followed the war.  The men and women that returned from the war and entered industry and commerce were transformative individuals.  They became leaders in reshaping the world both politically and economically.  Theretofore unknown businesses were created, legal issues identified and methods of risk allocation and protection developed.  While the war itself was a negative, the post war energy was a positive for all of us as the exciting times unfolded.

From my perspective, the same cannot be said about September 11^th and its aftermath.  I remember clearly getting a call from my wife that a plane had hit one of the Towers.  Then I heard about the second plane.  Even sitting in New Hampshire, I felt the pain and terror of what was unfolding.  My brother and sister-in-law live and work in Manhattan – where were they that morning?  How would I explain this to our daughters.  We fortunately quickly learned that our family was safe, but I learned that a college friend had died in the Pentagon attack.  It was clear to me that the world had changed, and not for the better.  Two weeks later, I boarded a plane to San Francisco to meet with friends for a running race.  It seemed trite, but it was a trip I wanted to make, particularly on a plane to show my resolve.  Still, I could see the fear and apprehension in everyone’s eyes as I made my way across the country.

As a young DRI Leader, I was also aware that the organization had some serious issues to contend with from a business standpoint.  We had lost friends and colleagues, and our members had lost loved ones.  It could not be business as usual for us.  We decided to cancel 2 fall seminars – Nursing Home Litigation and Construction Litigation – and refund all registration fees or give a credit towards a future program.  Still, prepaid expenses with the hotel and marketing were lost.  Our 2001 Annual meeting was set for October in Chicago.  As you might expect, we saw a large cancelation number as over 200 members chose to stay home.  The uncertainty of the post 9/11 world caused law firms, corporations and sponsors to pull back and reduce participation in our seminars, sponsorships and advertising, an economic impact we did not really begin feeling until March 2002.

Apart from the direct revenue impact the terrorist attacks had on DRI, we had to consider what operational changes needed to be implemented.  Recognizing that DRI could not simply shut down for an extended period of time if problems occurred in downtown Chicago, DRI contracted for and developed an offsite location where operations could continue in the event of future attacks.  Regular disaster recovery drills have been implemented.  Supplies such as blankets and water are now stockpiled (for both terrorist situations and brutal Chicago blizzards!).  Video surveillance and enhanced building/office security systems were purchased.  Key staff members now have enhanced remote access capabilities.  And importantly, our reserves have increased.  All in all, DRI suffered an approximately $750,000 negative impact following September 11^th.

Which brings us to today.  DRI members, leaders and staff continue to live everyday with the new normal that has developed over the last 10 years.  The changes have not been a result of new prosperity, but because of new realities.  While we pray that similar attacks and disasters will not occur again, one need only read the newspaper or watch the news to know that our prayers will not likely be answered.  With that in mind DRI continues to do what it always has done – provide cutting edge education and business development opportunities for its members, the defense bar,  and corporations and insurers all over the world.  With one eye on the past, and one eye on the future, we will, like the Greatest Generation before us, and with our sisters the IACP, ADTA, FDCC, and IADC, continue to seek justice and prosperity for our members, clients, friends, and families.

As predicted, cell coverage was non-existent in the middle of the night so my attempted blog posting, though written, did not make it out and was lost to the internet gremlins.  Also, the fatigue and euphoria of finishing the “Mother of All Relays” leads me to write this final chapter from my hotel in Portland as I wait to head back to hurricane ravaged New Hampshire one day late because of flight cancellations.

Who would have thought that on one of Oregon’s most remote roads to the coast, there would be 3 mile traffic jams?  Well, for the past 10 years, this has been typical as 2000 vans and 24,000 runners try to hopscotch through legs 20-30 in the middle of the night (clear skies, bright stars…an existential moment as Andrew Pride of Ford Motor Company described at our team dinner on Thursday night).  As I headed into my transition zone at 3am to hand off to Margaret Hoffmann, I actually passed my van and had to pick up the clip board to pass on to Van 2 a mile and half up the road.  Van 1 then had the same issues as they ran their last 6 legs, never once stopping the van to rest as they prayed to make it to their next stop before their runner.  The jump forward to the final van exchange in Olney afforded Van 2 members Chantelle, Debbie, Anne and me to get much needed sleep, while Todd and Pat took turns having their heads explode working through traffic.

I could go on with more descriptions of the nutz and bolts of the race, but let me just say that we all finished, all smiled and all looked forward to comfortable beds on Saturday night.  But let me tell a few other stories about the SWWeaty Briefs.  I cannot say enough about Jeff Hern and Christiane Fife  of Schwabe, Williamson & Wyatt of Portland who did a world class job organizing the team, with special kudos to new mom Christiane who didn’t run this year to be with her baby. Thanks to Schwabe firm members Margaret Hoffman, Nancy Erfle, Jeff Hern and Anne Talcott who gather their friends and clients every year for a great weekend of bonding.  DRI Law Institute member Todd Presnell and Past Board Member Pat Sweeney have been running with their old Young Lawyers friend and current Annual Meeting Chair Anne Talcott for so long that they are like loving/feuding siblings…a true sight to see and hear all night and day in a small van.  Todd Allen and Richard Mathews mixed some business with a lot of pleasure as they came up from Boy Scout HQ in Texas to run with the team (posting some of the best times of our group).  Andrew Pride from Ford is a lifer and will be back year after year, or as long as there are stars in the sky for his night time run.  Finally, Debbie Garcia and Chantelle Roberson, the 2 client rookies in Van 2 who, besides being world class vehicle sleepers, showed us all why we do this every year – to achieve personal goals and make new friends.

So what did I get out of this?  I made new friends and became better friends with folks I have known for years in DRI.  I got input on DRI programs and an idea for a new seminar in the next 12 months (with a couple of speaker volunteers!).  While talking to a team whose motto was “We run in 6 minute increments (guess what their jobs are!), I heard one of them say “hey, didn’t you speak to the Oregon Defense Lawyers this year” (I did) and felt the reach of DRI to Exchange 30 in Olney Oregon.  I ran 17 miles injury free while raising some money for the NFJE.  But most of all, I learned that it is really all about relationships and friends in DRI.

So now, I am getting ready to hopscotch back across the country to my family which is without power because of Hurricane Irene.  But warning…if anyone else thinks they are going to out bid me for this spot at the NFJE Auction in 2 months, bring your check book!

Well the first 12 legs of the Hood to Coast adventure is over and Van 1 is back on the course.  DRI member Margaret Hoffman led off at 6:45 am in hail and rain on Mount Hood.  Fortunately, the weather improved as SWWeaty Briefs runners headed west.  By the time Van 2 took over, it was in the low 80's and headed north.  Former Board Member Pat Sweeney described it as Africa Hot on leg 7, but it only got worse as Debbie Garcia of Jeld-Wen Industries, Annual Meeting Chair Anne Talcott, Law Institute member Todd Presnell and Chantelle Roberson of BC/BS of Tennessee ran their legs.  By the time I took the hand off for leg 12, it was an easy 90+ degrees.  The next 6.4 miles were more of a Bataan Death March than a run.  "Highlights" were little kids spraying me with water during the first 2 miles, having my best friend from college Anne Rutherford and her husband Ron posting a sign for me in their front yard as they cheered me on, and finally checking my pride at the door as I liberally walked during the last 4 miles.  After showers, some food and rest, we will be active again at 10:30 pm, and I will take the baton from Chantelle at 2:00 am.  Seriously, this is a blast and a great way to get to know fellow DRI members in a whole new way.  We are the "Feet of the Defense Bar!"

Matt Cairns
President of DRI
Gallagher, Callahan & Gartrell, Concord, NH
Cairns@gcglaw.com

Writing this from 30,000 feet on the way to Portland, Oregon for the 30th Hood to Coast Relay www.hoodtocoast.com.  This will be my 5th time running, but my first running for the NFJE and with DRI friends. Lawyers have different ways to manage stress and pretending to be a runner is what I do.  I know, however, that the thought of running a total of 17 miles including 4.5 miles at 2:00AM would cause most people more stress than it relieves.  But I have to tell you, running in the middle of the night, with stars above and bobbing flashlights of runners in front and behind you is pretty cool.  To the extent SWWeaty Briefs Van 2 has cell coverage, in will be updating this blog along with observations by other DRI runners on our team, and those we meet along the way.

Matt Cairns

President of DRI

Gallagher, Callahan & Gartrell, Concord, NH Cairns@gcglaw.com

May 2, 2011 in Washington DC is an exciting day.  Not because the Lawyers for Civil Justice is holding a Board and membership meeting where important work is being done on Federal Civil Rules reform, state E-Discovery analysis and other matters affecting civil litigation.  No, it is obviously because of the end of Bin Laden.  The celebrations last night, witnessed by millions around the world, happened a block from my hotel.  Unfortunately, I slept through the whole event, including 2 texts from my daughter asking me if I was awake.  Many of the lawyers here at the LCJ meeting got out of bed and went down to join the throngs and experience the moment.  It clearly was a moment people will remember forever, hopefully not so much because someone was killed, but rather that it has closed an agonizing chapter in American history.  What I will remember most, however, is walking through the Vietnam Memorial this morning and how I felt about the team that finally resolved the Bin Laden issue – I am thankful that we have dedicated men and women in our armed forces that will put themselves in harm’s way for people they don’t know and may never meet.  I am also thankful for our teachers, first responders, judges, and clergy – another class of people that give of themselves for all of us.  The US Constitution gives us all protections and allows all of us to serve.  I urge all of us to honor the Constitution and take up the banner of service, be it in DRI, your firm, your community, your synagogue, or your school.   God Bless America.

It has been a while since my last Blog posting and it is time to clean out some of the clutter that has kept me up at night so that I can get back to blogging and working for DRI– so here goes:

• Why does it snow every time I leave for a DRI trip?  Doesn’t Jack Frost know that it just gets me in trouble with Tracey who has to deal with the driveway?
• In the annual Hopkinton Ski Camp Trivial Pursuit game, why did I instantly know that Winston Churchill’s wife was named Clementine or that 8 is the first number from 1 to 10 alphabetically?
• Why do pro se litigants feel that they can keep filing the same argument, but I have to be nice in my replies?
• Why don’t people renew their DRI membership when it is such an incredible value?
• Is it really possible to herd cats? (an important skill for a DRI President at times)
• Why does the party that just comes into power feel it must get its pound of flesh from the vanquished before it gets around to doing what is right for the country?
• How can teenagers sleep past noon every Saturday and Sunday?
• Why is Jack Nicholson so cool, even in an elevator with me staring at him?
• When did law become a business first and a profession second?
• Why do I actually use the fake word “texted” as often as I do?  I hate that word!
• I used to try to turn the corner of my Kindle when reading to get to the next page; now sometimes I try to push the next page button when reading a paperback – go figure.
• Am I doing enough to make DRI the gold standard for legal organizations?  Are all of our members?

DRI’s new year has begun and I am 25% done with my presidency.  Time has flown but much has also been accomplished.  We are innovating, getting ahead of the curve, and making a difference in the civil justice arena and your daily practices.  Stay tuned for updates …Same Matt-time; Same Matt Channel (ok, a really bad pun, but another trivial pursuit answer I knew, but the high schoolers did not!)

I never had a sister growing up; Andy was my only sibling.  Now I have a great sister-in-law, Carol, and I see the sisterly bond my daughters Beth and Maddie have.  Sisters are wonderful things.

DRI has sisters, believe it or not.  The IADC (www.iadclaw.org), FDCC  (www.thefederation.org) and ADTA (www.adtalaw.com) are DRI’s sister organizations and together we are “brothers in arms” fighting for civil justice.  The issues facing our civil justice system are legion and together the Defense sisters are working to level and keep level the playing field.  Whether it is by producing joint scholarship, populating task forces formed to address important issues like judicial independence and preserving the jury system, or supporting the efforts of Lawyers for Civil Justice, your Sister defense organizations are making a difference.  To help keep the bonds of sisterhood strong, the DRI Board has 3 seats reserved for each of the Sisters.  Mike Lucey, Tom Cordell and Mike Neil are our FDCC Board members; Jim Campbell, Joe Ryan and Bill Perry represent the IAD; and Bob Tait, Frankie Colon and George Walker round out the team for the ADTA.

I encourage everyone to learn more about the civil justice efforts of DRI and its Sisters.  And after you have learned more, join hands with us…your sisters and brothers in arms, need your help and involvement in our quest for civil justice.

Thanksgiving has come and gone, and the season of Holiday Parties is now upon us.  It is a time of year when we get together with friends and families, and our kids come home from college.  Wrapped with the expected joy often comes the heartbreak of injury, death and sometimes arrest.

Many of us have had the misfortune of knowing someone who was injured during the holiday season as a result of drunk driving.  Some of us have represented the offender in a subsequent civil suit and some have represented the victim’s family.  Others of us have simply read about it in the newspaper and thanked God that it wasn’t us or one of our children.

As members of the Bar with unique perspectives on the legal impact underage drinking and impaired driving can have on society, I say that it is incumbent upon us to speak out at this time of year.  We can make sure that our office parties are monitored or alcohol free, or at the very least we provide free transportation home for our colleagues.  We can make sure that if we are hosting a party at our house that we remain sober so that we can assist any of our guests that need it.  Above all, in my opinion, we need to make sure that our children understand the consequences of underage drinking and that we do NOTHING to enable them.  Tracey and I are not so naïve to believe that our girls will not be in situations where they or their friends are drinking alcohol.  However they know the expectations we have of them, and that they can call us anytime, no questions asked, if they feel in trouble or need to leave.  We will deal with the alcohol issue, if any, after they are safely at home.

DRI member Dick Campbell of Boston has developed a phenomenal program called “Be a Parent Not a Pal” (www.socialhostliability.org) that I encourage everyone to learn more about.  It is the kind of giving back that DRI members do all the time because it is right, not because they want glory.  Thanks Dick, and I for one am going to try to get the Hopkinton School District to put on the presentation for the High School.

The United States does not have a monopoly on excellence, despite what some zealous “patriots” might think.  No, I am not an “America Hater.”  Rather, I am being reminded of this fact as I am attending the 2010 DRI Europe Conference on “Emerging Sources of Criminal Liability Across Europe for Corporations and Their Directors and Officers.”

DRI has long been the gold standard for legal education in the United States.  Our substantive seminars, annual meeting and webcasts regularly present cutting edge topics to our members.  In short, we are the envy of the US legal world!  (Ok, I am a zealous DRI Patriot)  Sitting here at my second European DRI program, it is clear to me that DRI can and should be the envy of European legal education.  Our DRI Europe colleagues have marshaled an impressive list of speakers on a topic that is as relevant in Europe as it is in the United States.  The same went for last year’s program on Privacy.  DRI Europe truly is “Defending Business” and educating their counsel.

We are committed to building on this educational excellence in Europe by providing more integration and opportunities for our European colleagues in DRI.  Be on the lookout for more international legal articles and alerts, comparative law articles and cross border topics at appropriate DRI seminars in the coming years.  DRI is as committed to developing future legal leaders in Europe as it is in the United States, and the enthusiastic Young Lawyers model is working well over here and will certainly turn out future DRI Europe leaders, as well as IADC and FDCC members.

If you have contacts, partners, associates and clients in Europe who are not members of DRI Europe, encourage them to join and become part of the DRI Family.  Your officers are all standing by to help you, and by extension help increase the relevance of DRI internationally.