Financial Services Cyber Risk Information Sharing

September 26th, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: , , , , |

Why We Need to be More Like Apes, Less Like Seagulls By Tom Hagy Featuring Craigg Ballance, Director of Canadian Member Services, FS-ISAC Even before we can walk we are encouraged to share. We’re told to share our things even when we barely have any. Even some wild animals share food and resources – even when those resources are scarce. Some creatures are better at it than others, of course. Apes and lions? Absolutely. Seagulls? All you have to do next time you’re on the beach is toss what’s left of your ham sandwich into the air and see how generous gulls are. People fall into sharing -- and not-fond-of-sharing -- groups, too. Sharing is particularly critical in the financial sector where, while privacy and security regulations command a tight lid on data, global financial institutions are successfully sharing data about cyber risk, says Craigg Ballance, Director of Canadian Member Services for FS-ISAC in Toronto. But, he says, sharing has to take place across a broad landscape. “Information analysis sharing has to cut across the various subsets of the financial sector,” says Ballance. “While banks share local data, they are trying more and more to share globally, but,” he says, “banks need to share with other institutions, like insurers, investment funds, pension funds, and other types of financial institutions, for this [...]

Cognitive Shortcuts: Assessing Case Value & Litigation Risk with Homer Simpson and Spock

September 11th, 2018|Categories: Complex Business Litigation, Environmental Torts, HB Tort Notes|Tags: , , , , , |

By Jeff Trueman, Esq. Mediator The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, “What’s the case worth?” Although lead paint litigation may be going through some changes, it remains a mature tort where enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a certain settlement range. In the midst of these discussions, the human brain plays tricks on us. For example, litigators sometimes assume that their trial experience can determine how jurors will negotiate with one another and resolve factual discrepancies after closing arguments. This assumption is a “heuristic” – a cognitive shortcut called attributional error or illusion of control. Underneath the games of litigation “chicken” that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk. Although more than one hundred heuristics exist, approximately 15-20 occur commonly in the context of settlement negotiations. It is easy for potential clients to employ a heuristic similar to the illusion of control by imagining a connection between something they desire, such as a favorable case outcome, and the past successes of their prospective lawyer. Representative and confirmation biases influence how we connect “model” to “outcome.” When differences over case value intensify, litigators return to threats [...]

Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018

September 1st, 2018|Categories: CLE OnDemand, Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: , , |

[two-fifths-first] Two ways to access this session. Get it direct from HB for just $197 for the video -- audio synced with slides. Or, it's included in your West LegalEdcenter (Thomson Reuters) subscription. ____________________ Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens: Beyond Traditional Medicare and Medicaid Issues Take this highly practical course with two deeply experienced practitioners who share insights on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims [...]

Go to Top