Schedule/Sessions

Session 1 - Medical Malpractice: Moving To Preclude Medical Experts Under Daubert, Frye and Their Progeny - When And Why (Or Why Not)?

• Speakers:

• Melanie Lakin, Healthquest Systems, Inc.

• Lawrence W. Rosenblatt, Aaronson Rappaport Feinstein & Deutsch, LLP

• Douglas Shaw, Healthquest Systems, Inc.

When, why and how should Frye, Daubert, and their progeny be invoked when moving for summary judgment?  What considerations should and need to be taken into account by all parties to the tripartite relationship when making such a decision?
 
During this panel discussion a history of Frye, Daubert, and relevant progeny will be discussed.  In doing so, we will address how the evolution of challenges to expert opinion testimony has led medical malpractice professionals now being able to challenge medical opinion testimony in medical malpractice cases. 
 
This will be followed by a brief discussion on relevant trends implicated by this subject, including: 1) attempts at trying to utilize ‘science-based’ standard of care arguments; 2) types of cases that lend themselves to Frye/Daubert analysis; 3) example of how the plaintiffs’ bar is trying to ‘flip the script’ and use science-based arguments to preclude defense experts in med mal cases.
 
Thereafter, the Panel will discuss the various tripartite considerations that go into making such a motion, including:  1) is this case a ‘good fit’?; 2)  cost-benefit analysis; 3) the timing of the motion (S/J vs in limine).
 
The presentation will conclude with, time permitting, a brief audience Q&A.
 

Session 1 - Working with a Difficult Insured: Strategies to Effectively Work Together

• Speakers:

• Paul Presman, Liberty Mutual Canada

• Peter Strelitz, Segal McCambridge

• Perry Tsao, Willis Towers Watson

This course will discuss strategies for getting a difficult Insured to work with you towards satisfactory resolution of a claim.  It will include approaches for working with various types of difficult Insureds and involve choice of counsel, settlement, and contribution issues from perspectives of both attorneys and claims handlers.  The presenters will also mention situations they have faced working with difficult Insureds and tactics they have used to get an Insured on their side.
 

Session 2 - Impact of the D.O.L.'s Proposed Fiduciary Standard on Financial Professionals: Expanded Liability, Exposures and Risk Assessment

• Speakers:

• Patrick McGinley, Everest Insurance Company

• Brian Palmeri, Winget, Spadafora & Schwartzberg, LLP

• Gary Schmidt, Aspen Insurance

• Cynthia Yousef, AmTrust Group

The following presentation is an overview of the Department of Labor’s Fiduciary Rule and how it differs from the prior rule. In particular, we discuss the expansion of a “Fiduciary”, what qualifies as “Investment Advice.” We further examine the operation of the “Best Interest Contract Exemption” and other Prohibited Transaction Exemptions, in particular, P.T.E. 84-24, which affects insurance products. Following a review of the law, we examine the potential effects on agents/brokers for claims under ERISA and common law. We further discuss the potential regulatory impacts and exposures to agents/brokers arising from the same. Finally, we discuss implications on insurance policies and claims procedures.

Session 2 - Lawyers: Global Perspectives on Data Collection, Transfer, Use and Disclosure

• Speakers:

• Adam Butera, Travelers

• Edward Finn, Mullen Coughlin

• Joseph Garin, Lipson Neilson P.C.

• Shawn Harpen, The Patron Spirits Company

Lawyers are hired to protect their clients. Yet lawyers are increasingly the weak link in their clients’ data security program given their dependence on the rapid and full exchange of confidential information. Despite cautionary tales from highly publicized data breaches affecting various industries, governments, and individuals, investment in planning and information security by law firms remains comparatively small. Because the value of the data is often the driving factor in predicting a breach, the size of the firm may be irrelevant to the frequency and intensity of attacks on law firms.  Therefore, law firms of all sizes and geographic reach must be adequately prepared for the damage that data breaches have to a law firm’s reputation and balance sheet. This course will cover expense and loss exposure to law firms and their clients inherent in data collection, transfer, use and disclosure; describe the emerging legal, regulatory and ethical issues facing the legal profession; and explore techniques to manage and transfer these risks.
 

Session 3 - Arbitration: Risk Takers vs Risk Avoiders - But Which Is Which?

• Speakers:

• Gale Dwyer, Allied World Assurance Company, Ltd.

• Thomas Lookstein, Starr Adjustment Services, Inc.

• Alison Moore, Thompson, Coe, Cousins & Irons LLP

• Patricia Nolan, The Law Office of Patricia A Nolan

This presentation will address the practical aspects of arbitration from a defense perspective. The discussion will include issues relevant to the initial decision to seek or oppose arbitration in professional liability cases, including, for example, the scope of arbitration provisions, potential conflicts of interest and other claims handling considerations.  In addition, the presentation will offer practical strategies that insurers and defense attorneys can use to maximize the benefits of arbitration. In this regard, the panelists will cover topics such as negotiating agreements that limit expense, solutions to the dispositive motion dilemma, and the effective presentation of evidence.    
 

Session 3 - But, Our By-Laws Say ........ Homeowner's Associations and The Rise in Disability Discrimination Claims

• Speakers:

• Lisa Brennan, Markel Service, Incorporated

• Claudia Costa, Gordon Rees Scully Mansukhani

• Starr Kincaid, Michigan Municipal Risk Management Authority

• Jennifer Weinstein, Intact Insurance Specialty Solutions

Premises which are part of a Homeowners’ Association are subject to many restrictions.  Many homeowners purchase a  home within a Homeowners’ Association because of the restrictions.  Some do not want to live with animals.  Others want the premises to always look a certain way and are not willing to accept structural changes.  But, restrictions, polices and rules imposed by a Homeowners’ Association will often have to be amended to provide a reasonable accommodation to someone with a disability.  Failure to properly consider requests for a reasonable accommodation could result in costly and protracted litigation for the Homeowners’ Association and its members. 
 
The restrictions, wishes of the owners and the law often clash. This presentation will discuss the various laws that apply to Homeowners’ Association and the rise in disability claims against Homeowners’ Associations.  The panel will also discuss Best Practices for a Homeowners’ Association which if implemented should help reduce the risk of protracted and costly litigation.
 

Networking Cocktails