Surfside Condo Collapse: A 360-Degree Insurance Coverage Analysis

October 26th, 2021|Categories: HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , , , , , |

Surfside Condo Collapse: A 360-Degree Insurance Coverage Analysis Abstract The horrific and fatal collapse of Champlain Towers South in the summer of 2021 not only shook the ground in Surfside, Florida, but it brought into question the integrity of structures everywhere. If professionals in the construction, real estate, and building management industries were relaxed about signs of structural decay before, they are not anymore. The insurance industry also has reasons to worry, as potentially responsible players turn to their policies to defend or indemnify them for claims for accidents causing losses including from property damage, personal injury, or death. In this article the authors evaluate the factors that are addressed when coverage determinations are made, as well as the various types of policies that come into play. Authors Allen R. Wolff (awolff@andersonkill.com) is a shareholder in Anderson Kill’s New York office, where he concentrates on the intersection of construction litigation and insurance recovery. Allen is co-chair of the firm’s Construction Industry Practice group and Corporate and Commercial Litigation Practice group. He advises and represents policyholders—building owners, developers, contractors, retailers, municipalities, financial institutions, hospitality businesses, condominium associations, and tenants’ associations—in a range of insurance coverage disputes. Allen’s colleagues, Ethan W. Middlebrooks (emiddlebrooks@andersonkill.com) and Jason Kosek (jkosek@andersonkill.com), are also attorneys in Anderson Kill’s New York office. They also concentrate on insurance [...]

To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? | By Pamela Hans | Anderson Kill

October 26th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , , , |

To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? Abstract Ransomware attacks are a rapidly growing threat against organizations. Paying ransom demands is a risky proposition and may even lead to sanctions against the targeted company. Either way, the damage to a company’s operation and integrity can be cripplingly severe. Should a company suffer losses from cyber extortion, its insurance company will be one of the resources it turns to for relief. But with cyber coverage increasingly out of reach for some, policyholders may find coverage in more traditional coverages. In this article, the author evaluates the potential for coverage under several policy types, and underscores the importance of understanding policy language, the relevant law, and the potential regulatory ramifications of meeting ransom demands. Author Pamela D. Hans (phans@andersonkill.com) is the managing shareholder of Anderson Kill’s Philadelphia office. Her practice concentrates on insurance coverage exclusively on behalf of policyholders. Pam is also a member of the firm’s COVID Task Group and Cyber Recovery Group. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

Wildfire Litigation and Recovery with Ed Diab

October 19th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Tort Litigation|Tags: , , , , , , |

Wildfire Litigation and Recovery with Ed Diab I had the pleasure of interviewing Ed Diab, co-founder of Dixon Diab & Chambers in San Diego, about his firm’s role in the litigation, what the claims are, what defenses they encounter, settlements they have secured, what evidentiary hurdles plaintiffs face, and  more.  They’ve been successful. Since 2018, Dixon Diab & Chambers has recovered more $1.4 billion in settlements. And there is more to come. The firm represents more than 40 public entities – including some of the largest cities and counties in California – as well as thousands of individuals and families. Ed leads the firm’s mass tort practice which, in addition to wildfire litigation, represents people who allege injuries from defective drugs and medical devices. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Thanks to Ed Diab for speaking with me about this fascinating and frightening subject, and to Baron & Budd's Scott Summy for introducing us.  For my part, I am sure my suggestion [...]

Gamification of Stock Trading with Brad Rustin

October 14th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , , |

Gamification of Stock Trading with Brad Rustin "What's the deal?" you ask? Find out! Listen to my interview with FinTech attorney Brad Rustin, a partner with Nelson Mullins. In addition to chairing the firm’s Financial Services Regulatory Practice, Brad counsels  financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. A large portion of his work is on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments, digital assets, cryptocurrency, and lending partnerships. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association. He received his JD, magna cum laude, from the University of South Carolina School of Law and his BA in Political Science and History, cum laude, from Furman University. And now, he is not only a guest on the Emerging Litigation Podcast, but the FinTech advisor on the  Editorial Advisory Board of the Journal on Emerging Issues in Litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative our guests are, please drop me a note [...]

A Special Episode: A lovable litigator with Danny Karon

October 8th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Tort Litigation|Tags: , , , , , |

A Special Episode: A lovable litigator with Danny Karon For  30 years attorney Daniel R. Karon has successfully represented plaintiffs and defendants in class-action and individual lawsuits. He's also chair of one of the leading class action conferences for lawyers, judges and law professors: the American Bar Association National Institute on Class Actions. He's passionate about educating up-and-coming lawyers. He teaches and writes extensively, and has been featured on podcasts and television news shows.   While practicing law (handling some intensely serious matters), Danny became acutely aware of "a societal bias against access to justice where people who need justice the most often get it the least." One response to that was to launch Your Lovable Lawyer, a multi-media website whose goal is to "make  justice more accessible to people who don’t know, can’t find, or can’t pay for lawyers." He endeavors to provide actionable insights regarding common legal problems. He refers to his "lovable" concept as "legal wellness," and encourages regular folks to take a proactive approach to legal matters and potential conflicts.  This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or [...]

Impact of Surfside Condo Collapse with Judah Lifschitz

September 9th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Tort Litigation|Tags: , , , , , , , |

Impact of Surfside Condo Collapse with Judah Lifschitz Joining me is experienced construction law attorney Judah Lifschitz of Shapiro, Lifschitz & Schram  who spoke about the near- and long-term impacts of the Surfside condo collapse not only in Florida around the country.  Judah has extensive experience dealing with construction matters, representing clients in engineering, procurement and construction contracts and disputes. He represents and advises government agencies and private owners; regional, national and international contractors; construction managers and subcontractors; design professionals; and insurance companies. Notably, Judah won one of the largest liquidated damages awards in the history of the construction industry.  Education: George Washington University, J.D.; Yeshiva University, B.A., magna cum laude. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Judah is, please drop me a note at Editor@LitigationConferences.com. Thanks to Judah for speaking with me about this important topic. I was especially proud that I pronounced his name correctly on the first try, though he assured me that I could in no way do more damage to it than those who have come before me. [...]

Drone Law with Kathryn Rattigan

August 30th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes, Tort Litigation|Tags: , , , , , , |

Drone Law with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole.  Kathryn advises clients on these matters with expertise in the relevant Federal Aviation Administration regulations. She and her colleagues also advise clients on employee and subcontractor contracts, insurance policies, privacy regulations, state and local laws, and best practices as recommended by the National Telecommunications and Information Administration.  She handles product defect, personal injury, and property damage litigation, too.  Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the Journal. Just to clarify. Kathryn does own a drone, but not [...]

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

August 12th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , |

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C.  Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. Note that in my introduction I have created the phrase "badly wrong," which is, itself, badly wrong.  Listen to the bitter end when Sandie and I discuss working from home, and how we really feel about family and co-workers.  Feel free to scold me at the email address provided. I hope you enjoy the interview and this professional's practical insights into defending healthcare providers. Tom Hagy Damage awards against physicians, hospitals, and other healthcare providers [...]

Assessing Risk in Medical Malpractice Mediation

December 5th, 2020|Categories: Torts-On-Demand-CLE|Tags: , , , , , , , , |

HB Litigation Conferences presents Assessing Risk in Medical Malpractice Mediation CLE-eligible on demand webinar | Recorded 2021 Lawyers and claims professionals assess litigation outcomes all the time. The parties do not. You can help. Understandably, parties in medical malpractice disputes do not fully appreciate the risks inherent in litigation and are not aware of how continued litigation affects their underlying interests in the dispute. For example, some parties see the outcome as a reflection of their personal character. These challenges can hamper the parties' ability to make good decisions in litigated medical malpractice cases. Even organizations that are experienced in assessing litigation risk can make more decisions in these cases with adverse outcomes. Hear our panel of medical malpractice and insurance attorneys and litigation experts as they share their insights on successfully guiding individuals and organizations through these disputes. Registration Includes Nearly 90 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. REGISTRATION Key Points What are the intangible costs of medical malpractice litigation for individuals and [...]

PTSD in Multi-Plaintiff and Mass Tort Cases | Webinar OnDemand

July 19th, 2019|Categories: HB Risk Notes|Tags: , , , , , , , , |

  Price: $47 When: On-demand Where: Your computer or mobile device CLE: 1 hour Speakers Mark I. Levy MD, DLFAPA Medical Director Forensic Psychiatric Associates Medical Corporation Associate Clinical Professor, Psychiatry University of California, San Francisco, School of Medicine 415.388.8040 mlevy@fpamed.com  Sarah A. Hall, PhD. Psychologist for Forensic & Neuropsychological Assessments Forensic Psychiatric Associates Medical Corporation shall@fpamed.com  What tort attorneys need to know about PTSD claims. Mass tort claims arise most frequently in man-made and natural disaster catastrophe litigation as well as personal injury, employment, product liability and toxic tort litigation. Frequently, these lawsuits include either primary or secondary allegations of emotional distress. PTSD is one of the most common emotional distress claims alleged within mass tort litigation, as well as allegations of depression and emotional stress (anxiety).  Join an experienced psychiatrist and psychologist who will cover the following topics relevant to the forensic psychiatric assessment of emotional damages within mass tort and complex litigation:  + Introduction: Defining PTSD. What it is and what it is not. + The methodological approach to assessing allegations of emotional distress in mass tort & complex litigation. + The importance and the methodology of psychological testing as part of the assessment of emotional distress claims in mass tort litigation. + Claimant population screening. Using psychological test instruments to differentiate claimants who [...]

Go to Top