HB Partner Webinars on the West LegalEdcenter
Take these CLE webinars on the West LegalEdcenter platform. Each program features leading litigators in their respective fields on emerging subjects. Speakers and topics are handpicked by HB. Your organization may have already subscribed to the platform, but each session is also available for individual purpose. For questions or if you wish to propose a webinar, write to us at: Webinars@LitigationConferences.com.
Private Calif. Plaintiffs Seemingly Enforcing FDCA, Drug & Device Law Blog Says
"Doctors treated two plaintiffs for severe psychological problems, ultimately employing defendant’s Thymatron System IV to perform electroconvulsive therapy. Plaintiffs claimed that, as a result, they suffered brain trauma, memory loss and other brain-related injuries. They filed product liability claims based, in the main, on the manufacturer’s alleged failure to report adverse events. The decision in Riera addressed summary judgment motions, ones filed by both the plaintiffs and the defendant. You don’t ordinarily see summary judgment motions by plaintiffs, and Riera is an example of why." Read the complete post by John J. Sullivan of Cozen O'Connor.
Million-Dollar Settlement in Employee Background Check Case, Top Class Actions Reports
"Job applicants have secured a $1.2 million settlement ending allegations that Maxim Healthcare did not properly inform potential employees that they would have a consumer report pulled as part of the application process. Class Members include those who applied and got a job with the healthcare services company between May 5, 2009 and Aug. 27, 2012, who were also subject to a consumer report check by Maxim. The Maxim Healthcare class action lawsuit claimed that Maxim violated federal consumer privacy protections when procuring employee background checks."
Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar
Settlement Psychology Who's in charge? Homer Simpson or Mr. Spock? Cognitive obstacles to finding common ground. [two-fifths-first] Complimentary On-Demand Webinar From HB! 1 CLE credit CLE questions? CLE@LitigationConferences.com Questions for speakers? Questions@LitigationConferences.com SPEAKERS Jeff Trueman Mediator / Negotiator John Philip Miller Baltimore City Circuit Judge (ret.) This course is also available via the West LegalEdcenter. [/two-fifths-first] [three-fifths] Improve your negotiation strategy and outcomes. Mediator, arbitrator and settlement conference neutral Jeff Trueman says the lawyer’s mind can sometimes play tricks on them when it comes time to settle a claim. “The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, ‘What’s the case worth?’ For mature torts there is 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.” Backed by his decades of psychological and economic sciences research, Trueman says there is a lot of room for attorneys to change their mindset when moving into settlement mode. Litigation Chicken “When differences over case value intensify, litigators return to threats of relinquishing control: ‘Maybe we have to try this case;’ or ‘We feel good about our chances in front of a jury.’ Underneath the games of litigation chicken that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk.” He says attorney would be well served, and would serve their clients [...]
Dan Mogin: Antitrust, Pro-Privacy Moves Led Outside U.S.
In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times reported on Jan. 25 that Facebook CEO Mark Zuckerberg plans to integrate the platforms. The announcement turned up the volume on antitrust and privacy warnings directed at the social media giant. “Facebook can be legitimately criticized for merging these apps after contrary assurances and perhaps for trying to dominate messaging,” MoginRubin Partner Dan Mogin said, “but perhaps more importantly, this is another example of the evolving convergence between antitrust and privacy that appears to be being driven by forces outside the US enforcement agencies. It’s a challenging issue for antitrust and may eventually lead to a sea change.” See the complete post on the MoginRubin Blog.
Attorney General Ferguson of Washington Sues State’s Top Opioid Distributers
“We are woefully under-resourced when it comes to treatment. The people who are responsible for this epidemic should being paying for it. We are going to hold these companies accountable and get more money into our communities for treatment.” --Washington AG Bob Ferguson The three largest distributors of prescription opioids in Washington State are being sued by Attorney General Bob Ferguson for fueling the state's opioid epidemic. Detailed in Ferguson's King County lawsuit are the billions of dollars made from these suspicious shipments of over 2 billion pills of unregulated oxycodone, fentanyl, hydrocodone and other opioids. "Prescriptions and sales of opioids in Washington skyrocketed more than 500 percent between 1997 and 2011. In 2011, at the peak of overall sales in Washington, more than 112 million daily doses of all prescription opioids were dispensed in the state — enough for a 16-day supply for every woman, man and child in Washington," according to the AG's announcement. "In 2014 McKesson, Cardinal Health and AmerisourceBergen shipped enough opioids to Pend Orielle County to supply every single resident with dozens of pills. In 2009, McKesson alone supplied enough for dozens of pills for every resident of the county. The specific shipment numbers are currently under seal." The accused distributors are in the top 15 Fortune 500 list based on 2017 revenue. In addition to the lawsuit, the distributors owe millions of dollars in fines, and must surrender the profits, the state maintains. "The surrendered profits will be used to remediate the effects of the opioid epidemic, possibly funding treatment, education and more." In September of 2017, Ferguson sued one of the nation's largest opioid manufacturers, Purdue Pharma, accusing the OxyContin maker of "fueling the state’s opioid epidemic by embarking on a massive deceptive marketing campaign and convincing doctors and the public that their drugs [...]
Verdict & Settlement Lien Resolution Webinar | 3/6/2019
[two-fifths-first] DATE: March 6, 2019 TIME: 4 p.m. EDT; 3 p.m. CDT; 2 p.m. MDT; 1 p.m. PDT PLACE: Your computer or mobile device PRICE: $247 -- but just $197 through Feb. 28 with promotion code JVRA50 GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Franklin Solomon Solomon Law Firm Brett Newman Newman Settlement Services Group [/two-fifths-first] [three-fifths] Tort Settlement Lien Resolution: Beyond Traditional Medicare and Medicaid Issues to ERISA, FEHBA, Medicare Advantage, VA, Tricare and Medicare Set-Asides. 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 will 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 A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in Cherry Hill, NJ, with a practice focused on evaluation, litigation and resolution of healthcare “liens” and reimbursement claims. Franklin represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Among his significant cases in the field, he argued before the New Jersey Supreme Court in Perreira v. Rediger, 169 N.J. 399 (2001), obtaining a decision which prohibited health insurers’ reimbursement claims against their insureds’ tort recoveries. He was plaintiffs’ counsel in Levine v. United Healthcare, 402 F.3d 156 (3d Cir. 2005), a federal class action challenging reimbursement claims of ERISA-governed [...]
South Korea, EU Having ‘Adequacy’ Discussions
Because of its robust network connectedness, its advanced use of mobile devices and its rich collection of intellectual property, South Korea is a leading target for hackers. Discussions are under way between the EU and South Korea to determine, as a non-EU country, whether its data protections are adequate. Also, South Korea has joined the APEC Cross-Border Privacy Rules system. Significant caselaw is developing regarding this country’s 2011 data protection statute as well as its sector-specific laws. Daniel Solove and Paul Schwartz have selected Professor Haksoo Ko from the Law School at Seoul National University to speak at the International #PrivacySecurity Forum April 3-5, 2019. Ko will co-present to provide an up-to-date account of developments in South Korea and analyze the most important compliance hurdles. Learn more: http://bit.ly/IPSF-2019
Financial Institutions Struggle to Keep Up with ‘Changing Business Needs’ Such as Social Mobile Apps, and Getting Risk Data Quickly, Deloitte Report Suggests
Deloitte's report is based on a survey of 94 financial institutions around the world that operate in a range of financial sectors and with aggregate assets of $29.1 trillion. Deloitte's Edward Hida -- financial risk community of practice global leader and a partner in Deloitte Risk and Financial Advisory -- posted his executive summary the latest Global Risk Management Survey which is the organization's eleventh. The report is a detailed one and Deloitte draws quite a few conclusions around the continued focus on cyber security, engagement of boards of directors, increase attention to non-financial risks, the potential of digital risk management, enterprise risk management, the proliferation of Chief Risk Officers, an increased reliance on stress testing and more. A couple figures jumped out at me which show at least two challenges to financial institutions. Hear this Deloitte professional at ICRMC in Toronto April 15-16! Respondents are finding "extremely challenging" the need to keep up with changing business operational needs, such as deployment of social mobile applications, data analytics and cloud-based risks. Also in the "extremely challenging" category, not surprisingly, are threats from "sophisticated actors," like foreign governments and crackerjack hacktivists. Other issues categorized as "extremely high priority "revolve around getting quality risk data quickly. Given the average length of time other studies show that a hacker can poke around in your network before you realize it -- and how much damage they can do when they have all that time -- it's easy to see why this is a major concern for financial institutions. You can read the rest of his executive summary here. You can also download the full report as well as all of Deloitte's past editions. Two of Edward Hida's Deloitte colleagues -- Beth Dewitt and Adel Melek -- are speaking at the International Cyber Risk Management Conference April [...]
Two Judges Find Florida Medical Marijuana Law Unconstitutional
The Program is 'Absolutely Broken' -- Now What? Edited by Tom Hagy Florida Circuit Judge Karen Gievers just held that the Florida medical marijuana law is unconstitutional. Reporting on the judge's Trulieve decision for the Florida Politics news service, journalist Jim Rosica called it "a rebuke to lawmakers and the Rick Scott Administration" that was "stunning even for" Judge Gievers. "In the spirit of boxing legend Muhammad Ali, known for his pre-fight rhymes, Gievers opined that in Florida 'the medical marijuana system was broken. Now, in the Constitution, the people have spoken.'" Rosica reported that while Gov. Scott is appealing the major marijuana decisions against the state Department of Health, the transition team of Republican Governor-elect Ron DeSantis, including Lt. Gov.-elect Jeanette Nuñez, has suggested that he will not continue to defend the law in court. Rosica continued: "Gievers, who retires in April, said her decision striking down the law 'includ(ed), but (is) not limited to, replacement of the voter-selected registry plan with an arbitrary, inconsistent licensing scheme … throttling access of qualifying patients to … safe use of medical marijuana from (providers that) the Department has a clear, undisputed duty to register.' In fact, just passing the law was itself unconstitutional, Gievers suggested: 'Voters made clear in 2016 that the Legislature was to have no role in implementing access to and availability of medical marijuana.'” Read Rosica's full article. 'It is incumbent on the Legislature to fix this' Today I spoke with attorney Jonathan Robbins, who is actively litigating the matter on behalf of Tampa-based Florigrown. Robbins, chair of the cannabis practice at Akerman LLP , pointed to a similar holding in the Florigrown case, commenting that, yes, "yet another judge has found that the statute implementing the amendment is unconstitutional because of the arbitrary cap on the number [...]
Stigma and Shame Hampered AIDS Treatment in the 80s, and Opioid Treatment Today
By Tom Hagy I worked in the press office of the New Jersey Department of Health in the 1980s. Aside from hazardous waste, asbestos, cancer, a chemical fire or two, the annual influenza "crisis" and the occasional salmonella outbreak, AIDS was one of the most urgent, frightening and misunderstood health issues of the day. The U.S. epidemic began with one reported case in 1981, according to the Centers for Disease Control, and grew to an astounding 36.9 million people living with HIV/AIDS in 2017 as reported by the World Health Organization. The office I worked in was tasked with providing information to the public and members of the press. At the time many public health professionals believed -- as is the case with many diseases -- that education on how to prevent transmission of the HIV virus would all but eliminate its spread. All we had to do was educate the public and, most importantly, the high-risk groups. Education is a common weapon in fighting disease. It's why we wash our hands, cough into our elbows and try not to put salt on absolutely everything we put in our mouths. In the early 1980s the "problem" was that the high-risk groups were having homosexual sex and injecting drugs -- not typical themes addressed by politicians. Early on more conservative policymakers didn't want to distribute pamphlets on methods of having safe homosexual sex -- such as mutual masturbation and condom use during anal sex -- or exercising hygienic methods of shooting heroin. (The state, did, however, have a needle-exchange program to keep addicts from re-using syringes.) I recall the frustration of at least one of the state's public health professionals and AIDS awareness groups who strongly advocated for education -- and the more specific the better. The political reality -- [...]
Mitigating Operational Cyber Risk: As Business Technology Changes, So Does Your Risk Profile
By Tom Hagy The various risks of doing business in our digitally connected world continue to evolve. So must the approach organizations take in confronting those risks, for failing to do so in the current risk landscape can be far more dangerous than in prior years. I spoke with Nick Galletto, Global Cyber Risk Leader at Deloitte, who traced the evolution of the dangers of doing business in a digitally connected world. Early on, our focus in the cyber risk management space was on how to protect websites from being defaced, he explained. Organizations had to make sure websites were functioning properly, that data was secure, and the integrity was maintained. Galletto went on to say that we’ve moved from an era of compliance and risk management to an era of complexity. From an organization’s perspective, their focus was on making sure the company was compliant with new and evolving regulations, and risk management meant having policies, procedures and effective controls in place. “While compliance is a necessity, it is not the silver bullet that’s going to protect us from any potential breaches," Galletto said. "So organizations must look at conducting their business in this connected world not merely from a compliance perspective but from a risk perspective. A clear example of this is the number of PCI-compliant companies that were still getting breached." “Now as organizations move into an era of complexity, they need to be proactive in detecting anomalies and suspicious behavior and be prepared so their teams have a playbook that allows for seamless response. Effective organizations will play back possible breach scenarios – whether they involved data breaches or denial of service — to prevent and prepare for similar attacks. They also focus on understanding what their crown jewels are and where they reside and how to best protect them. Much of this also has to do with data," Galletto said. “Organizations are increasingly reliant on the cloud and they must understand the associated risks and the individuals responsible [...]
Aon SVP Belfiore on Corporate Cyber Risk
Cyber Risk of Paramount Concern to Corporate Boards Lack of History Remains a Challenge "Cyber security is the most polarizing issue on the corporate board agenda these days," says Anthony Belfiore, SVP and Chief Information Security Officer at Aon. "It has the most potential impact and the most regulatory pressure among all risks companies face. Nothing is more top of mind right now." "You just have to look at the amount of media coverage and the actual realized impacts companies are experiencing. Hundreds of thousands of businesses from big to small are being affected. The entire healthcare system in the UK went down. The impact is tangible. It’s affecting day-to-day operations," he says. “And no one is immune. Board members come from a diverse set of industries, and all are impacted." Why is cyber risk such a hot button for companies versus other types of risks? "The risk has become more urgent as it has shifted to actual business interruption," Belfiore says. "Historically companies were concerned with data leakage and loss, or regulatory fines, but now the actual operation itself can come to a halt. When a company goes down for three days that hits the media. Analysts notice. You can trace a specific event to a drop in stock values." Aren't fines still a concern? "Yes. We are operating in a regulatory environment which can have a significant downside," Belfiore says. "This is especially true if you are a multi-national firm with considerable operating and capital expenses. You can sustain significant and unforeseen punitive fines which can be imposed anywhere around the globe, for example, if you're found non-compliant with GDPR." What about directors themselves? "Potential for board liability for failing to protect shareholders is a hot-button issue right now. D&O liability and coverage is evolving," says Belfiore. "There is uncertainty [...]
Cyber Risks Enter a New and Increasingly Vicious Phase
For anyone plotting the evolution of cyber risks, the last phase of cyber-attacks was dominated by breaches that resulted in lost or stolen personal or financial data that could then be monetized. The current phase is different. “We have observed a significant increase in the number of disruptive breaches that our clients are dealing with,” says Charles Carmakal, Vice President at Mandiant/FireEye. “These involve destruction, extortion, or public shaming.” How are organizations dealing with this shift? “It’s catching many organizations off guard. Most don’t have a playbook for dealing with extortion,” Carmakal says. “While they may have thought about a ransomware situation, that’s different from the more common type of extortion we are seeing these days, where a threat actor threatens C-level executives or corporate board members with the release of sensitive information.” “Many organizations assume the default is they wouldn’t give into the demands, but when in the middle of a crisis too often the decision is made to pay the threat actors,” he says. “So it’s important to consider what your organization will do in this situation. For example, who will be involved in the decision-making process? Organizations should play out an extortion scenario so they have a plan when faced with real demands.” How can organizations better test the efficacy of their security capabilities? Many organizations conduct penetration testing or red-teaming exercises, but they often undermine their own efforts. “A problem arises when an organization contracts a third-party to test their capabilities, but puts a lot of restrictions on those who are doing the testing,” Carmakal says. “For example, they will tell the testing team or red team to identify vulnerabilities, but not to exploit them, or they can exploit a vulnerability but stop there and not dig any further. The penetration testers might be allowed [...]
Foggan & Huggins on Opioid Litigation Defense Coverage
Is a drug company that's sued in connection with the manufacture, promotion and distribution of opioids covered by its insurer for defense costs? According to Laura A. Foggan and Michael Lee Huggins of Crowell & Moring, LLP, that determination will come down to whether, in the relevant state, an accident takes place when either the act or the injury was unintentional, or whether an accident occurred if only the act was unintentional. This definition will vary by state, Foggan and Huggins wrote in California Litigation, published by the Litigation Section of the California Bar earlier this year. South Carolina may permit coverage if "either the act or the injury was unintentional," they explained. In Liberty Mutual v. J.M. Smith, the Fourth Circuit held that if a drug company failed to identify and alert regulatory agencies of suspicious drug orders, then there may be a duty to defend. But in California, the Crowell & Moring attorneys wrote, with that state's definition of "accident" a state appellate court in Travelers v. Actavis held that a "deliberate act is not an accident, even if the injury is unintentional, unless the injury was produced by an additional, unexpected, independent, and unforeseen happening." In that case drug company Actavis allegedly engaged in deceptive marketing in order to sell more opioids and reap more profits. According to Foggan and Huggins, the court said such alleged conduct can only be described as deliberate and intentional. Whether the company intended to injure anyone is irrelevant in determining coverage, the court determined. "[T]he court concluded that none of the alleged injuries -- including the flood of opioids into the American medical market, the opioid epidemic, the resurgence in heroin use, or the increased public healthcare costs resulting from long-term opioid use -- was an 'additional, unexpected, independent, or unforeseen' event that [...]
PFOA: Science & Litigation | 11/15/2018
[one-third-first] DATE: Nov. 15, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer or mobile device PRICE: $197* per dial-in site *Price is good through Oct. 31. After that it's $247. GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com speakers Michael Dourson, Ph.D., DABT, FATS, FSRA Director of Science Toxicology Excellence for Risk Assessment (TERA) Register now and get: Access for multiple colleagues at your location. Practical insights from a board-certified toxicologist. A through and informative PowerPoint presentation for later reference. Answers to your questions via live chat. CLE credit. And more! [/one-third-first] [two-thirds] PFOA Toxicology: What's a Safe Level for the Environment? What toxic tort and environmental attorneys need to know about this ubiquitous compound. Perfluorooctanoic acid (PFOA) has been described as more toxic than methyl mercury. Yet not all organizations tasked with developing safe-dose levels agree on the best approach for PFOA, resulting in recommended levels that are more than 100-times apart. Differences in these recommended safe-dose levels result in cleanup costs that vary by billions of dollars. Background Environmental contamination with PFOA has been known for some time. In the early 2000s safe doses in drinking water were considered to be in the range of 30-to-50 parts per billion. Recent safe-dose assessments by EPA, ATSDR and several states have significantly lowered these safe doses to parts-per-trillion measurements. PFOA, also known as C8, is used to make Teflon® and similar chemicals known as fluorotelomers. According to the American Cancer Society, PFOA is “burned off during the [manufacturing] process and is not present in significant amounts in the final products.” However, the American Cancer Society says, “PFOA has the potential to be a health concern because it can stay in the environment and in the human body [...]
Kenneth Jones of Tanenbaum Keale on Law Firm Tech Development Capabilities
Should Law Firms Should be Able to Develop Custom Technologies? Here is #10 of Jones' Top-10 List. #10. Security. The cloud is great, and generally speaking, companies in this space operate systems in a highly professional manner. However, occasionally one encounters special business needs which call for extensive “above and beyond” levels of security. This could be times a firm is storing financial information, medical records, or other data they wish to absolutely, positively protect. In these situations — under the theory that “no one does things better than I do” —it’s nice to have the option to build super-secure systems with features such as encrypted data within database tables, and to manage the systems with a very small number of highly trusted professionals specifically known by the law firm. Read more of the article posted by Thomson Reuters. Kenneth Jones oversees various aspects of technology at Tanenbaum Keale LLP in the role of Chief Technologist. He leads efforts to support TK’s computing environment and infrastructure, one that features a strategy of professionally protecting and processing client data in the cloud with highly skilled and respected leading-edge business partners in the technology space. Ken also helps lead and support various TK programs in the areas of security, compliance, business continuity and firm administration. Learn more.
Protecting Intangible Assets: Risk Transfer Market Yet to Catch Up
Intrinsically Intangible. by Giles Harlow, Senior Vice President, Aon (Bermuda) Ltd. In the early 1980's, tangible assets made up around 80% of the value of the S&P 500. Fast forward to today and nearly 85% of the value of the S&P 500 is attributable to intangible assets. However, the risk transfer market has not caught up. According to the Aon/Ponemon report of last year, whilst around 60% of tangible assets (property, plant and equipment) are currently being insured, only 12% of informational assets are. So what gives? If the vast majority of companies' values in 2018 are attributable to intangibles, why are they not transferring those risks? Is it a lack of education on the client side? A lack of innovation in the brokerage community? A lack of understanding or willingness to accept these new risks on the carrier end? Or is it that whilst the marine and property markets have had centuries to evolve, the newer intangible insurance markets are just gearing up to size as they collate the data they need to properly price and model these risks? Likely, it is some combination of all of these factors. We have seen great strides in the cyber market, with double-digit premium growth over the last four-to-five years. The market has evolved from being focused on large data holders, to providing products which contemplate the cyber perils affecting manufacturers, the transportation industry and other non-data holders. "Business interruption" has quickly morphed into "system failure coverage." "Contingent business interruption" now looks more akin to full supply chain risk, not just for IT service providers but now contemplating all vendors. "Bodily injury" and "property damage" stemming from non-physical threats complete the circle back into tangible loss being covered under cyber policies. Intellectual property -- hands down -- makes up the largest [...]
Cyber Insurance Policy Language Review: A Deep Dive Into Key Policy Provisions and Important Differences Among Cyber Policies | Oct. 25, 2018 | Now On-Demand!
[one-third-first] Now Available On Demand PLACE: Your computer or mobile device PRICE: $197 CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Judy Selby Principal Judy Selby Consulting LLC Scott Godes Partner Barnes & Thornburg Please contact us with any registration questions: Brownie.Bokelman@LitigationConferences.com Kathleen.McFadden@LitigationConferences.com Your registration includes: • A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. • The opportunity to connect directly with speakers via email to HBWebinars@LitigationConferences.com • At least one-hour of CLE credit. Produced in collaboration with Judy Selby Consulting LLC Also available as part of your subscription at the Thomson Reuters West LegalEdcenter. [/one-third-first] [two-thirds] What's in your cyber policy? Cyber insurance can provide a lifeline to companies dealing with today’s high stakes and constantly evolving cyber risk and regulatory compliance landscape. But not all cyber policies are created equal, and a single policy word can mean the difference between a covered and an uncovered claim. In this session, we analyze various cyber insurance coverage terms, conditions, and exclusions and describe how the words can impact coverage for real-life claims. What you will learn: • Important differences among generally available insurance coverages for cyber and privacy risks • Understanding basic cyber insurance policy conditions and how they can affect coverage • The importance of common insurance policy provisions concerning “other insurance” and “choice of law” in the cyber insurance context • How certain cyber insurance policy exclusions can affect coverage for common cyber and privacy liabilities • How to reconcile coverage under cyber insurance policies with other “traditional” insurance policies Speakers Judy Selby | Principal | Judy Selby Consulting LLC Judy brings 25 years of insurance coverage litigation experience on behalf of insurers and policyholders to her insurance consulting [...]
Financial Services Cyber Risk Information Sharing
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 cooperation to have the greatest and most effective impact on security.” While some IT professionals may tend to want to play things close to the vest, when it comes to cybersecurity teams it is the IT professional who works openly with others who is an invaluable player. The Danger of Over-Confidence Some blamed over-confident IT professionals for the massive cyber attack that temporarily crippled shipping giant Maersk in June 2017. At the same time, as reported by Reuters [...]
Cognitive Shortcuts: Assessing Case Value & Litigation Risk with Homer Simpson and Spock
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 of relinquishing control: “Maybe we have to try this case;” or “We feel good about our chances in front of a jury.” Underneath the games of litigation “chicken” that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk. Borrowing from Daniel Kahneman’s book, “Thinking Fast and Slow,” cognitive shortcuts live in our “System One” brain where we react to circumstances intuitively without giving much thought about the way in which we perceive [...]
Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018
[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 against their insureds, and Taransky v. Sec. U.S. Dept. of Health & Human Svcs., ___ F.3d ___ (3d Cir. 2014), a class action challenging Medicare’s claims for reimbursement out of New Jersey tort recoveries. Brett Newman | The Lien Resolution Group Brett Newman is known nationally by plaintiff attorneys for his expertise on claims avoidance and reduction. Recognizing the ever-growing nature of lien resolution and the ever-increasing associated liability, Brett established The Lien Resolution Group and The Newman [...]
Alliance of Women Trial Lawyers | First Fall Conference 2018 | Oct. 27-29, 2018 | New Orleans
[one-third-first] Contact Nancy Holston Founder Alliance of Women Trial Lawyers nancy@awtriallawyers.com DETAILS When Oct. 27-29, 2018 Meeting Venue Ritz-Carlton New Orleans LEARN MORE REGISTER Prices The Alliance is all about women helping women so they're offering discounts to anyone who brings a law student, clerk, or first year associate to the conference with them. 1st and 2nd Attendee: $895/Attendee 3 or more Attendees from same firm: $795 each 1 Attendee with Guest (Law Student, Clerk or 1st Year Associate): $1,295 for Attendee and Guest More than 5 Attendees please fill out their Contact form or call Nancy Holston at 850-304-9674 for more information To Register by Check: Click here for Payment by Mail Registration Form. [/one-third-first] [two-thirds] New Alliance of Women Trial Lawyers Announces First Event in New Orleans Congratulations to Nancy Holston on the formation of the Alliance of Women Trial Lawyers. HB is proud to support this group and a mission that is dear to our hearts -- promoting the careers of women professionals. Nancy has been successful at building events for plaintiff attorneys -- some you may have probably attended! -- and it's great to see her strike out on her own to develop something she believes in. Take a minute to learn more about the AWTL, and see who is speaking at their first event. AWTL Vision To create a community that inspires and empowers women trial lawyers, the Alliance is passionately committed to the purpose of the family of women lawyers. We support women who take responsibility for successful relationships with other professionals. The Alliance of Women Trial Lawyers advances the influence and impact of women in the legal community. We aim to represent the intelligence, creativity, complexity and diversity of women lawyers’ experience — across nation, ethnicity, race, religion, sexual orientation and economic background. The Alliance will provide an environment for women lawyers to lead, [...]
HB Announces Alliance with Alliance of Women Trial Lawyers
We are proud to announce our latest alliance with a new trial attorneys group just for women on the plaintiff side of tort litigation. Founded by plaintiff law conference veteran Nancy Holston, the Alliance of Women Trial Lawyers is committed to empowering these professionals, helping them to overcome "systematic obstacles and to realize greater self-sufficiency and wholeness through support, acknowledgement and utilization of dormant, yet innate strengths." Before founding the Alliance in July 2018, Nancy was a principal at 360 Advocacy and before that the first Executive Director of Mass Torts Made Perfect. Nancy is well-connected in the plaintiff bar and is excited by the initial reaction to her new venture. Nancy is equally inspired by the feedback she is getting for the Alliance's first national conference which will be held from Saturday, Oct. 27th through Monday, Oct. 29 at the Ritz-Carlton in New Orleans. The program features many of the leading women trial attorneys in the country and a range of topics on practice development, litigation strategy, preparing witnesses, jury selection, deposition skills, direct examination, opening arguments and ethical issues involved in settlements. "I admire anyone who takes a risk to do something they believe in, and Nancy has demonstrated both enthusiasm and commitment to improving the professional lives -- and personal lives, for that matter -- of women who represent plaintiffs in mass torts," said Tom Hagy of HB Litigation Conferences. "It's an important mission and we're excited to lend our support." "We look forward to working together to grow our respective portfolios and educate attorneys on important and emerging legal issues. There is an outside chance we will also have some fun along the way," Tom added. Click here for more information about the AWTL's 2018 Fall Conference.