Schedule/Sessions

ADR - Session 1 - Show Me the Money - Best Practices in ADR for Large Loss Property Subrogation and Recovery

• Speakers:

• Chris Adolph, Sompo International Insurance

• Lawrence Bowman, Grotefeld Hoffmann

• Terry Eddington, Great American Insurance Group

• Samuel Pace, Dugan Brinkman Maginnis & Pace

The past 20 years have shown that most cases do not go to trial. Most cases settle. With this in mind, we intend to explore and discuss strategies and issues that are present in large loss property subrogation matters. The focus will be on Alternative Dispute Resolution and Mediation.

ADR - Break

ADR - Session 2 - Use of Technology in Evaluating and Settling Claims

• Speakers:

• Richard Dowd, Suite 200 Solutions

• Robert Freedman, Freedman Law Firm

• Richard Mosher, Dentons

ADR - Break

ADR - Session 3 - Defendants' Tug of War in Multi-Party Mediations

• Speakers:

• Elizabeth Ganiere, EnergySolutions

• Michael Montgomery, Butler Weihmuller Katz Craig LLP

• Robert Palmer, Robert C. Palmer III LLC

• Lisa Unger , Self Employed

Multi-party mediations are a very time consuming and expensive event. This program attempts to deal with the issues inherent in multi-party mediations to explore solution and strategies that can make the mediation worth all the time, energy, and money expended. Our panel consists of claims personnel, in-house counsel, defense counsel, and a mediator with experience in these often multiple day events. The goal is to find ways to make these mediations productive whether by reaching a global settlement. Individual party settlements, or at least narrow the gap between settlement demands and settlement offers.

ADR - Cocktail Networking

ADR - Breakfast

ADR - Keynote - Influential Listening: Clarify, Connect, Profit

• Speakers:

• Kate Delaney, Golden Broadcasters Network

Want to break through the noise and clutter to get heard in today’s marketplace? Kate Delaney will show you the power of Influential Listening.

Kate reveals the secrets and strategies that got her in front of the microphone and into the locker room, captivating millions of listeners nationwide and closing million dollar deals as a Network CEO.

Key takeaways:

Focused Vocal Interaction – How to REALLY limit distractions to pay attention to what’s being said and what you are saying. Missing words and chunks of a conversation can cost you a deal or more meaningful interaction professionally and personally.

Body Language – Whether it’s a meeting in person or through some form of technology like Zoom, or Skype your movement is important. In a virtual meeting it is still easy to tell when someone isn’t paying attention and LISTENING

Clearing Your Mind – Recent scientific data shows that we all are processing 35 to 48 thoughts a minute. Learn how to push away mental distractions to focus on the conversation and not think about what’s rattling around in your head.

Active Listening – The power of knowing when to ask questions when you’re listening and getting clarification.

ADR - Session 4 - Successful Mediation Resolution Doesn't Happen by Accident: Proven Strategies and Tactics to Drive Your Case to Resolution

• Speakers:

• Bert Dizon, Cardinal Captive Strategies

• Joe Hassinger, MAPS

• Kent Lawson, West Bend Mutual Insurance Company

The only good file is a closed file! An expert panel of defense counsel, claims professionals and a mediator will provide concrete best practices that you can incorporate into your practice, to ensure that you optimize your likelihood of success at mediation. A successful mediation does not happen by accident. Settlement on terms favorable to your client is not a foregone conclusion. It results only from preparation and execution that is strategic and tactical. The panel will share real-life scenarios from their vast and diverse experience to demonstrate strategic tips to lead you to success.

ADR - Break

ADR - Session 5 - The Appraisal Process and Its Effectiveness to Sidestep Litigation

• Speakers:

• Kevin Hromas, US Insurance Information, LLC

• Mark Pollack, CPCU, AIC, RPA, Affirmative Risk Management

• Jerrod Rinehart, Brackett & Ellis

• Michael Schneiderman, Wellington Claims Service

This presentation will cover implementation of appraisal as an additional form of ADR and how insurers can strategically use appraisal to sidestep and avoid litigation which is so common and sometimes inevitable in the handling of property damage claims. There will be discussion on the evolution of appraisal provisions and the ever-increasing importance of policy language in the appraisal process. The judicial treatment of appraisal provisions and the appraisal process will also be discussed. And, there will be coverage on claim strategy and decision-making considerations when evaluating whether appraisal is appropriate for a claim. Finally, the panel will cover the proper approach to appraisal in order to eliminate the possibility of litigation and increase effectiveness of the appraisal.

Claims/Litigation Management - Session 1 - Death with Dignity - An Analysis of the Future Impact on Litigation

• Speakers:

• Constance Endelicato, Wood Smith Henning & Berman LLP

• Gina Harris, ProAssurance Corporation

• David Prisco, CARE RRG, Inc.

• Eva Satori, PeaceHealth - Hospitals and Medical Clinics in Washington, Oregon, Alaska

Since Brittany Maynard became the voice for the right to "die with dignity", twenty-five states have heard her plea and are considering legislation. Once she was diagnosed with a terminal brain tumor, the twenty-nine-year-old California resident relocated to Oregon, the first state to enact Death with Dignity legislation. Such legislation affords a person with less than six months to live, the right to ingest a lethal medication. Thereafter, California enacted similar legislation which went into effect last month. This session will focus on issues in risk management and litigation including, liability for mismanagement, providers' right to opt out, Medicare and private insurance consideration, and ethical and moral issues involving conflict of interest.
 

Claims/Litigation Management - Break

Claims/Litigation Management - Session 2 - Putting Your Best Face Forward - Influencing the Internet in Anticipation of Juror Misconduct

• Speakers:

• Robert deRosset, Young Moore and Henderson, P.A.

• Brian N. Johnson, Nilan Johnson Lewis PA

• Mark Yarmolich, Apache Industrial Services, Inc.

We all know they do it.  Jurors run internet searches even when they are instructed not to. Jurors will Google a party’s product, website, lawyers, and executives. You can’t really stop it. But how can you deal with it? This session will tell you how. The panel will discuss the problem of juror internet use misconduct, typical areas jurors search, what they can find, and what companies can do to shape their internet presence in anticipation that they might be searched. We will also ask the question, can this be construed as jury tampering, and what are the ethical boundaries?
 

Claims/Litigation Management - Break

Claims/Litigation Management - Session 3 - Trial Team Diversity: The Power of Making Room at Counsel Table

• Speakers:

• Trevor Gandy, AXA XL

• Marlin Howes, Sempra Energy - Southern California Gas Company

• Deidre Katz, Walsworth - WFBM, LLP

• David Zehner, Zehner Trial Consulting

The rate of women and minorities graduating law school and rising through the legal profession has steadily increased over the past 20 years. A number of companies have expressed their commitment to promoting and recognizing diversity in the industry. Currently, however, this diversity is not similarly reflected in the courtroom during trial, although there can be clear benefits to doing so. This session will explore the history and current status of trial team diversity, reasons behind the disparity, benefits to increasing diversity in the courtroom, and what law firms, corporations and insurers can do (and are doing) to increase the diversity of the attorneys they are using at trial.
 

Claims/Litigation Management - Cocktail Networking

Claims/Litigation Management - Breakfast

Claims/Litigation Management - Keynote - Influential Listening: Clarify, Connect, Profit

• Speakers:

• Kate Delaney, Golden Broadcasters Network

Want to break through the noise and clutter to get heard in today’s marketplace? Kate Delaney will show you the power of Influential Listening.

Kate reveals the secrets and strategies that got her in front of the microphone and into the locker room, captivating millions of listeners nationwide and closing million dollar deals as a Network CEO.

Key takeaways:

Focused Vocal Interaction – How to REALLY limit distractions to pay attention to what’s being said and what you are saying. Missing words and chunks of a conversation can cost you a deal or more meaningful interaction professionally and personally.

Body Language – Whether it’s a meeting in person or through some form of technology like Zoom, or Skype your movement is important. In a virtual meeting it is still easy to tell when someone isn’t paying attention and LISTENING.

Clearing Your Mind – Recent scientific data shows that we all are processing 35 to 48 thoughts a minute. Learn how to push away mental distractions to focus on the conversation and not think about what’s rattling around in your head.

Active Listening – The power of knowing when to ask questions when you’re listening and getting clarification.

Claims/Litigation Management - Session 4 - Industry Study and Best Practices for Records Retrieval Partners

• Speakers:

• Kelly Gray, Self Employed

• Steve Schumacher, VortexLegal

• Taylor Smith, Suite 200 Solutions

A Review of the 2016 CLM Advisors’ Study, and the perspectives from both a claim executive and a records retrieval provider.

Claims/Litigation Management - Break

Environmental - Session 1 - Bankruptcy Trust Transparency - Garlock Decision

• Speakers:

• Nina Lynn Caroselli, RiverStone Resources LLC

• Peter Kelso, Roux Associates, Inc.

• Michael Ramirez, Gordon Rees Scully Mansukhani

• Craig Ziolkowski, Resolute Management Inc.

The 2014 Garlock bankruptcy trust decision stunned the legal, business, and political communities.  Federal judge George Hodges ruled that asbestos litigation had been “infected by the manipulation of exposure evidence by plaintiffs and their lawyers.”  One year later the public release of the discovery data from the Garlock case confirmed (again) what has long been suspected, or known, and cried out for much needed transparency in the asbestos bankruptcy claims process.   Neither the issuance of the Garlock  decision nor the release of the discovery data solved the transparency issue, however. Bankruptcy rules continue to inhibit discovery of bankrupt claims and the fair allocation of liability across both the tort and bankruptcy trust compensation systems.
Some inroads toward creating more transparency between both systems have been made. Thus far, eight states have passed legislation to mandate the production of bankruptcy trust claims prior to trial.  Suits have been filed against several prominent plaintiff law firms under the Racketeer Influenced and Corrupt Organizations (RICO) for the systematic suppression of evidence in asbestos cases.
 Two years have passed since Bankruptcy Judge George R. Hodges issued his opinion in In Re Garlock Sealing Technologies, LLC.  The issues are still being litigated; and the impact cannot yet be fully measured.  The Garlock decision and the evidence that supports it should be fully integrated in the litigation process on several levels, including educating the judiciary.
The panel includes representatives from the defense bar, an expert whose firm (and he) worked on the Garlock estimation matter, a claims attorney from the DII Asbestos Trust, and two senior claims executives.   They will discuss the Garlock decision, the subsequent release of the discovery data, and the impact.  They will identify a number of practical issues arising therefrom.  Moreover, they will discuss what the defense bar, defendants, and claims professionals can do to maximize the information potentially available and stress the importance of seeking the information early in the litigation process.  

Environmental - Break

Environmental - Session 2 - Defendants Beware: Daimler Has Not Eliminated the Use of General Jurisdiction for Plaintiffs to Litigate Mass Torts in Out-of-State Destination Venues

• Speakers:

• Steven Tertel, Hotchkiss Insurance Agency

• Campbell E. Wallace, Frilot, LLC

• Gary Zwain, Self Employed

 Like a destination wedding, litigation by out-of-state plaintiffs in a plaintiff-friendly “Destination Venue” is a boon for plaintiffs’ counsel and bane for defendants.  In Daimler, the Supreme Court established a Constitutional standard for all federal and state courts’ exercise of general personal jurisdiction in suits by out-of-state plaintiffs against a defendant outside of its “home” state, i.e, where it is incorporated or has its principal place of business.  There are extremely narrow exceptions under Daimler for a federal or state court to exercise general jurisdiction against a defendant outside his “home” state, but “Destination Venues” persist.
Since the Daimler decision in 2013, federal courts have uniformly enforced its mandate, but state courts have not.  State courts’ failures to follow Daimler have perpetuated “Destination Venues,” presenting defendants with multi-plaintiff mass actions that may confuse and prejudice a jury in a single trial and providing plaintiffs’ counsel unfair leverage that they would not have in single-plaintiff lawsuits in the defendant’s “home” state.  This presentation explores strategies and arguments, pro and con, for enforcement Daimler to eliminate “Destination Venues” in state court mass actions and individual lawsuits and force plaintiffs to litigate cases in a defendant’s “home” state.

Environmental - Break

Environmental - Session 3 - Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction

• Speakers:

• George Buermann, Goldberg Segalla LLP

• William "Chip" D'Angelo, Self Employed

• Anthony Polini, Allied World Assurance Company, Ltd.

Environmental claims and litigation have been plaguing real estate, construction and development projects for years, resulting in delays, cost overruns, and third-party exposures. Environmental-related claims can arise from not only pollution coverage, but from General Liability, Professional Liability, and Property coverages, as well as through an OCIP or CCIP program. 
As new development is focused on the inner city, waterfront properties, and other historic industrial sites; this trend is not going to decrease anytime soon. Routine contracting practices may yield environmental hazards and these exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure.
This session will explore and present how these issues can be identified and properly addressed during due diligence, pre­construction, insurance and contracting mechanisms. The panel will help the participants understand the technical risks, the market policies available to cover environmental risks and how to structure insurance coverage. They will also explain how the risks can be mitigated and claims avoided.
The panel consists of engineers, consultants, lawyers, and insurance experts who will provide the roadmap for dealing with environmental issues and answer participants’ questions.

Environmental - Cocktail Networking

Environmental - Breakfast

Environmental - Keynote - Influential Listening: Clarify, Connect, Profit

• Speakers:

• Kate Delaney, Golden Broadcasters Network

Want to break through the noise and clutter to get heard in today’s marketplace? Kate Delaney will show you the power of Influential Listening.

Kate reveals the secrets and strategies that got her in front of the microphone and into the locker room, captivating millions of listeners nationwide and closing million dollar deals as a Network CEO.

Key takeaways:

Focused Vocal Interaction – How to REALLY limit distractions to pay attention to what’s being said and what you are saying. Missing words and chunks of a conversation can cost you a deal or more meaningful interaction professionally and personally.

Body Language – Whether it’s a meeting in person or through some form of technology like Zoom, or Skype your movement is important. In a virtual meeting it is still easy to tell when someone isn’t paying attention and LISTENING.

Clearing Your Mind – Recent scientific data shows that we all are processing 35 to 48 thoughts a minute. Learn how to push away mental distractions to focus on the conversation and not think about what’s rattling around in your head.

Active Listening – The power of knowing when to ask questions when you’re listening and getting clarification.

Environmental - Session 4 - Lead Poisoning: The Fall of the Roman Empire to Flint Michigan

• Speakers:

• Kay Baxter, Gordon Rees Scully Mansukhani

• Susan DeCaro, Arch Insurance Group Inc.

• Dawn Dezii, Margolis Edelstein

Lead is ubiquitous.  It is everywhere, and its effects are vast and troubling.  Most recently the front page news of Flint, Michigan drew our National attention, back to a problem which existed since the Roman Empire.  The earliest-most notable use of lead-based pipes was in Rome’s plumbing system. Lead was introduced into the pigment industry in the 1800s.  Bans and restrictions were first enacted in the 1950s in Baltimore, and warnings required by the US Government in 1961 The USEPA has an entire regulatory scheme for lead emissions, lead based paints, and lead and cooper water pipes.  Here we are in 2016, and the lead in the pipes in Flint Michigan leached into the Flint River, and poisoned the residents.  This panel, will encourage group discussion on the history of lead poisoning and regulations, lead abatement and treatment for those made ill Naturally, this panel will focus on many issues such as property damage, suits against public officials, workman’s compensation claims, and litigation involving children and adults exposed to lead based products.  Its 2016, lead is still everywhere and the litigation is just starting.  

Environmental - Break

Environmental - Session 5 - Trends and Issues Regarding Talc Litigation

• Speakers:

• Katie Barker, RiverStone Resources LLC

• Christine Calareso, Selman Breitman

• Andrew Fantasia, Allianz Commercial

• Anissa Mediger, Briggs & Morgan

Talc is in a myriad of consumer products including pigments, cosmetics, paint and joint compound.    As a result, we are seeing an increase in claims relative to the diagnosis of lung disease and allegations regarding talc-containing product use. In addition, the ovarian cancer trials have made headlines and advertising regarding ovarian cancer related claims is on the rise.   

Property - Session 1 - Critical Emerging Fire Claim Management Issues

• Speakers:

• David Bridges, Meagher & Geer, P.L.L.P.

• John Bull, North Carolina Farm Bureau Mutual Insurance Company

• Terry Ives, Texas Farm Bureau Insurance Companies

• Douglas Osborne, Kemper Insurance Corporation

 Claims professionals and SIU investigators have responsibilities to their policy holders to maintain awareness and compliance with industry standards, recommended practices, and case law impacting the fire claim investigation and management process. This 60-minute panel will shift the paradigm from insurers defending “bad faith” claims to show how they acted in “good faith” using proactive modern day fire claims methods. The panel will explore ramifications for non-compliance with the scientific method, industry standards and recommended practices, including NFPA 1033 and 921, expert certification, accreditation, and vetting, and the court’s analysis for each to highlight the need to be proactive. 

Property - Break

Property - Session 2 - Emerging and Horizon Technologies in Handling Larger Loss Property Damage Claims

• Speakers:

• Jeanine Clark, Margolis Edelstein

• Dwight Geddes, Metro Claims & Risk Mgmt

• Anne Kevlin, Self Employed

• Denise Koval, UFG Insurance

• Stuart Mintz, Self Employed

This panel discussion will provide an overview of some of the emerging technologies which are becoming more widely implemented in the investigation and litigation of larger loss property damage claims.  In these areas, there will be some discussion about past case/claim handling as well as any available case law relevant to the use of these technologies.  For those technologies on the horizon, an introduction to the technology and its potential uses, advantages and pitfalls will be discussed.
 
This is intended to be in interactive panel which is suitable for near entry level through advanced skill sets.

Property - Break

Property - Session 3 - Trends in Arbitration – Ways to Get There and What Can Happen Next

• Speakers:

• Pete Duncan, FCCI Insurance Group

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

• Patricia Nolan, The Law Office of Patricia A Nolan

Is arbitration a better venue than courts for property claims and coverage disputes?  In light of a Texas insurer’s recent request for approval of substantial discounts to insureds in exchange for mandatory arbitration agreements, a claims professional, a defense lawyer and an arbitrator will discuss the pros and cons of arbitration – whether it is agreed to in a policy or after a claim arises.  The panel will touch on the legal issues important to whether arbitration agreements are enforceable and against whom, drafting effective arbitration clauses, and special concerns when dealing with consumers.  The panel also will offer practical strategies that insurers and defense attorneys can use to minimize the time and expense of arbitration while maximizing its benefits. In this regard, the panelists will cover topics such as strategies for arbitrator selection, negotiating scheduling orders that limit time and expense, solutions to the dispositive motion dilemma, and the effective presentation of evidence.    

Property - Cocktail Networking

Property - Breakfast

Property - Keynote - Influential Listening: Clarify, Connect, Profit

Want to break through the noise and clutter to get heard in today’s marketplace? Kate Delaney will show you the power of Influential Listening.

Kate reveals the secrets and strategies that got her in front of the microphone and into the locker room, captivating millions of listeners nationwide and closing million dollar deals as a Network CEO.

Key takeaways:

Focused Vocal Interaction – How to REALLY limit distractions to pay attention to what’s being said and what you are saying. Missing words and chunks of a conversation can cost you a deal or more meaningful interaction professionally and personally.

Body Language – Whether it’s a meeting in person or through some form of technology like Zoom, or Skype your movement is important. In a virtual meeting it is still easy to tell when someone isn’t paying attention and LISTENING.

Clearing Your Mind – Recent scientific data shows that we all are processing 35 to 48 thoughts a minute. Learn how to push away mental distractions to focus on the conversation and not think about what’s rattling around in your head.

Active Listening – The power of knowing when to ask questions when you’re listening and getting clarification.

Property - Session 4 - To Pursue or Not to Pursue: Analyzing Property Subrogation Viability and ROI

• Speakers:

• Daniel De Luca, de Luca Levine, LLC

• Scott Harrar, PMA Companies

• Victoria Phillips, AIC, CSRP, AIS, AINS, AIC-M, Erie Insurance

• William Walsh, Community Association Underwriters of America, Inc.

Pursuing property-subrogation recoveries often requires substantial investment of time and treasure. Assessing whether such pursuits are wise requires analysis of a case's viability, as well as its likely overall return on investment. This involves considering the insured's interests, expert and other expenses, liability, damages, and recoverability – just to name a few. It also calls for an appreciation of how aggressively the target party will defend, the (un)favorability of the jurisdiction where the case is pursued, the (un)cooperativeness of the insured and other witnesses, statutory and contractual hurdles to subrogation, comparative-negligence schemes, and available liability coverage – again, just to name a few. Such an analysis is therefore a sophisticated one. As such, it is aided by obtaining varied viewpoints from persons of different backgrounds and perspectives within the insurance industry and the legal field. This panel of a claims executive, a high-level claims handler, a subrogation supervisor, and a lawyer specializing in property subrogation will discuss the many aspects of a viability and ROI analysis. It will also draw out input from the attendees in an exercise of mutual discussion and enlightenment. The result will be a thorough airing of relevant considerations when deciding whether to pursue recovery in property-subrogation matters.

Property - Break

Property - Session 5 - Determining Liability Associated with Fire Sprinkler Systems Failures

• Speakers:

• Kellie Caggiano, GrayRobinson, P.A.

• Steve Halbeisen, Cozen O’Connor

• Wendy Knight, Pronto Insurance

• Eugene LaFlamme, McCoy Leavitt Laskey LLC

• Joel Sipe, Exponent

Professionals who handle cases involving fire suppression system water losses and/or fire losses.  This panel will discuss key topics related to common failures observed in fire protection sprinkler systems.  Panel members will address key facts for documentation at the scene, critical documents to obtain, witnesses to interview, items which may provide evidentiary value, and potential parties who may hold some responsibility either for the incident or the damages resulting therefrom.  The discussion will cover the roles and responsibilities of individuals such as the building owner, the system designer, the system installer, the engineer of record, and the inspection testing and maintenance contractor.  Panel members will discuss the interaction between NFPA 25 and NFPA 13, and the significance of the requirements in each when considering potential liability.

Employment Practices Liability - Session 1 - Emerging Trends in Employment Litigation: Spotlight on Medical Cannabis in the Workplace, Website and Technology Access Claims and Joint Employer Liability

• Speakers:

• Meredith Cavallaro, Paduano & Weintraub

• Rachel Freedman, Sompo International Insurance

• Anne Jarrell, Attune Insurance

• Kristen Perkins, Kennedys

• Bryna Stiefel, Aspen Insurance

This presentation will explore trends in employment practices litigation. It will focus on claims involving medical marijuana, website and technology access and the impact of joint employer liability on discrimination claims. The session will provide discussion with regard to initial claim investigation, evaluation and handling, available defenses, and recent developments in the law. It will address the applicability of current products offered, claim volume, defense costs, the most active jurisdictions in terms of claims and published law, damages exposure, and the tracking of current settlement and trial activity. Our focus will be on developing a road map toward the efficient resolution of these high exposure claims and best practices for mitigating the risks imposed by the joint employer doctrine.
 

Employment Practices Liability - Break

Employment Practices Liability - Session 2 - The Expansion of Title VII - The Rise of Gender Identity Claims

• Speakers:

• Anoop Bhatheja, City of Phoenix Law Department

• Tracie Coleman-Tucker, The Hanover Insurance Group

• Holly LaFevers, Esurance

This session will include a panel discussion on the recent rise of gender identity claims, with a focus on practical considerations for employers and insurers in light of the trend to recognize transgender claims within the scope of Title VII.  The Equal Employment Opportunity Commission has indicated in its recent Strategic Enforcement Plan that it intends to vigorously pursue coverage of lesbian, gay, bisexual, and transgender individuals under Title VII's sex discrimination provisions -- even though the plain language of Title VII does not specifically articulate a person’s gender identity can serve as a protected class. The panel will discuss and evaluate the legal authority that serves as the genesis for gender identity claims (Price Waterhouse v. Hopkins (1989)) and its evolution to modern application.  The panel will also discuss how North Carolina’s “bathroom bill” sparked a national conversation centered on the reach of Title VII.  This session will concentrate on how insurers, practitioners and clients can prepare for and respond to this emerging trend.

Employment Practices Liability - Break

Employment Practices Liability - Session 3 - The State of the EPL Market: Recent Trends

• Speakers:

• Kim Bush, BIC Corporation

• Ann Kim, CNA Insurance

• Ellen Storch, Littler Mendelson P.C.

Our panel will discuss recent trends affecting EPL insurance coverage and how we expect those trends to evolve.  We will examine trends in the EPL insurance market as a whole, and at the micro level, focusing on trends in rates and retentions.  We will identify high exposure markets, high exposure claims, and newer exposures, including equal pay claims, third party ADA claims, and wage and hour claims.
 
Next, our panel will describe how carriers have responded to the trends identified.  For example, carriers have adjusted limits and retentions, have made certain enhancements to coverage, and have begun excluding or limiting coverage in other ways.
 
Finally, we will explain how we anticipate the trends to evolve, with a focus on the potential impact on the trends of the outcome of the Presidential election.  We expect the election outcome to affect the economy, which will in turn impact the EPL insurance market.  As well, a Clinton presidency will impact employee legal rights, and, in turn, EPL insurance claims, in a very different way than a Trump presidency will. 
 

Employment Practices Liability - Cocktail Networking

Employment Practices Liability - Breakfast

Employment Practices Liability - Keynote - Influential Listening: Clarify, Connect, Profit

• Speakers:

• Kate Delaney, Golden Broadcasters Network

Want to break through the noise and clutter to get heard in today’s marketplace? Kate Delaney will show you the power of Influential Listening.

Kate reveals the secrets and strategies that got her in front of the microphone and into the locker room, captivating millions of listeners nationwide and closing million dollar deals as a Network CEO.

Key takeaways:

Focused Vocal Interaction – How to REALLY limit distractions to pay attention to what’s being said and what you are saying. Missing words and chunks of a conversation can cost you a deal or more meaningful interaction professionally and personally.

Body Language – Whether it’s a meeting in person or through some form of technology like Zoom, or Skype your movement is important. In a virtual meeting it is still easy to tell when someone isn’t paying attention and LISTENING.

Clearing Your Mind – Recent scientific data shows that we all are processing 35 to 48 thoughts a minute. Learn how to push away mental distractions to focus on the conversation and not think about what’s rattling around in your head.

Active Listening – The power of knowing when to ask questions when you’re listening and getting clarification.

Employment Practices Liability - Session 4 - Employee Retaliation Claims and Helpful Steps for Preventing or Minimizing Employer Liability

• Speakers:

• Lisa Lamm Bachman, Foley & Mansfield, PLLP

• Gregory Meihn, Foley & Mansfield, PLLP

• Carrie Mishler, Cincinnati Insurance Company

• Wendy Thompson, Collegiate Admission & Retention Solutions

As the economy improves the number of employment-related retaliation claims continues to increase.  Despite the growing number of retaliation claims, employers can implement policies, procedures, and training for supervisors and human resources professionals to significantly reduce or eliminate problematic retaliation claims premised upon state and federal anti-discrimination statutes, the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Defense counsel and insurance professionals will benefit from understanding the facts and circumstances that give rise to liability for retaliation claims and the additional steps employers should consider after an employee asserts an internal claim of retaliation, a request for FMLA leave, an ADA accommodation, or a charge of discrimination with a state or federal agency.
This seminar will focus on the following topics: Overview of retaliation claims.
  Protected activity, adverse employment actions and causation.
  The implications of disciplining an employee/complainant after requesting FMLA/ADA leave or asserting any a claim for retaliation.
  The prevention of FMLA interference and retaliation claims, including the recent U.S. Supreme Court case involving the Defense of Marriage Act (DOMA) and common-law marriage as it relates to the definition of spouse.
  The Equal Employment Opportunity Commission’s (EEOC) recent resource document issued on May 9, 2016 reinforcing an employers’ obligations to provide leave as a reasonable accommodation under the ADA.
  Requisite medical certification and FMLA eligibility.

Employment Practices Liability - Break

Employment Practices Liability - Session 5 - YOU’RE FIRED! The Good, The Bad, and The Ugly of Employment Terminations

• Speakers:

• Sheri Bradtke McNeil, Self Employed

• Jessica Craft, Littler Mendelson, P.C.

• Greg Gilliam, Schools of Ohio Risk Sharing Authority (SORSA)

• Jaynie Spies, Network Adjusters, Inc.

Whether a person is an apprentice, or CEO of a major corporation, these words usually spark contentious reactions. In today’s insurance, business, and public sector employment claims worlds, those reactions often lead to challenges and expensive litigation. How an employer prepares for--and responds to—an employee termination situation, can be the key to whether there is a smooth transition, or a potential legal liability claims disaster. Insurers and legal counsel can make the difference and help with guidance through this tumultuous and vulnerable experience.
 
This session will offer attendees insurance claims examples of employee termination cases . These will include situations of what led up to the termination, the processes done or not done, and the results—good or bad. The presenters will also offer perspectives of their legal experiences in these type of cases, the legal liability ramifications, solutions, and ways to avoid or neutralize similar cases in the future from an insurance and legal point of view.