Schedule/Sessions
Welcome Dinner (Students and Faculty)
Francesca's on Chestnut
200 E Chestnut Street
Chicago, IL 60611
Course 1: Client Relations, Expectations and Confidentiality
- Speakers:
Christopher Carucci, Gallagher Bassett Services, Inc.
Matt Morrison, American Family Insurance
This course focuses on identifying the roles that each participant (counsel, insured, carrier) plays in the claim and litigation process including reporting structures, communication expectations with clients and third parties, developing winning strategies as a team and balancing each participant’s interest in results.
Upon completion of this course, the participant will:
Understand the roles and responsibilities that each member of the team (counsel, insured, carrier) plays in the claim and litigation process. Know how developing effective communication strategies favorably affects results. Appreciate resolution strategy development and its import. Understand the impact of litigation management/professional services agreements. Understand why costs, including expenses, and case results matter.
Course 2: e-Billing
Electronic billing has had a profound impact on litigation management that goes well beyond the creation of a paperless work environment and the timely payment of reasonable bills. The data and information both created and maintained in an e-billing environment offers a world of benefits and insights into the efficient planning and implementation of litigation strategy from the single case to the global portfolio. This course is designed to help litigation professionals, including attorneys and their clients, exploit the benefits of e-billing to their collective advantage.
Upon Completion of this course, the participant will be able to:
Better understand the objectives of e-billing and how it serves as an important tool for law firms and clients to monitor and evaluate performance. Appreciate the strategic benefit e-billing brings to identifying trends in litigation, and establishing resolution objectives.
Course 3: Alternative Fee Arrangements
Due to the recent economic climate and challenges facing the insurance industry, corporations have been forced to consider a new approach to reducing their overall litigation costs. While the traditional standard of hourly billing will not go away, the industry is looking at Alternative Fee Arrangements. If implemented properly, Alternative Fee Arrangements can help align a firm’s goals with their client’s goals by facilitating early resolution of cases. The combination of cost savings, cost certainty and alignment of the law firm’s interest and the client’s interest can result in a “win-win” for all.
Upon completion of this course, the participant will:
Gain knowledge of the mechanics of Alternative Fee Arrangements. Know what the benefit for the firm and the client are in using Alternative Fee Arrangements. Decide what cases are good candidates for Alternative Fee Arrangements. Know which type of Alternative Fee Arrangements will best suit your clients’ needs (e.g., fixed fees, flat fees and bonus arrangements). Understand legal ethics consideration for Alternative Fee Arrangements.
Course 4: Reserving and Data Management from an Actuarial Perspective
This course will provide students an opportunity to understand how insurance carriers use the information provided to them by their defense counsels to analyze and evaluate the financial considerations associated with each claim and to determine the appropriate total claim liability that the company maintains on its balance sheet.
Using actual case scenarios, the course will provide an overview of basic actuarial concepts and examine the processes and procedures used by insurance carriers in evaluating claims.
Upon completion of this course, the participant will:
Understand the various reserve philosophies used by carriers as well as the different types of reserves maintained by the insurance company. Have examined the financial obligations of the reserve as well as federal and state mandates. Have examined how data management tools and techniques can be used for claims and legal interpretation to understand and track key performance metrics and drive strategic objectives. Understand the roles and interplay of key personnel within the company who assist in evaluating the financial risks associated with each claim. These personnel include actuaries, underwriters, data managers and claims managers.
Course 5: Evaluation and Assessment: Impact Reporting and Reserving
- Speakers:
Hedy Linette Ranieri, Berkley Technology Underwriters
Nelson Tavares, W.R. Berkley Corporation
Litigation has one end goal: successful resolution. While defense counsel frequently defines a successful resolution as winning the case on the merits, in a case where liability is clear (and adverse), where the case has precedential value to other cases or other lines of the client’s business, or where the witnesses have all died or are not credible, a successful resolution may be defined as a settlement below ‘x’ dollars. In addition, more sophisticated clients will often define a successful resolution as “the earliest resolution possible for the least amount of dollars expended (on defense and liability/indemnity).” Early resolution through dismissal, settlement, and even a speedy trial, allows a client to get back to their core business and stops the drain on client resources necessitated by litigation.
When success is defined in terms of the least amount of dollars expended to reach a resolution, early evaluations and assessments to establish strategies to bring about that success — and to maximize the value or impact of the dollars expended on the defense — become critical to the process. Once those strategies are in play, they must be re-evaluated and updated and the client must be timely notified when information garnered through the litigation process, and/or from factors external to the process, materially affects the resolution strategy charted by defense counsel and the client.
Upon completion of this course, the participant will:
Have explored the broader definition of a “successful resolution” by exposing defense counsel to client considerations beyond the merits of any individual case. Be able to assess and evaluate an entire case and plot a resolution strategy from receipt of the complaint through appeal. Be able to create strategies that minimize litigation costs by maximizing the impact of efforts to reach the case-specific resolution. Understand the concept of “impact reporting” and how that qualitatively differs from routine or periodic case reporting. Have explored the concept of client reserves, including case-specific reserves, contingent reserves, reserves for incurred but not reported claims (IBNR) and bulk reserves, and explore how client reserves are affected by, but different from, defense counsel’s case assessment and evaluation.
Course 6: Litigation Metrics
Increasingly, carriers and corporations are using litigation metrics to help assess the effectiveness of their legal services. These metrics have become more sophisticated over time and are used both internally and externally to compare and measure law firm performance. Successful firms will partner with their clients and endeavor to be in sync regarding strategies on litigation and cost effectiveness. This requires an understanding of the metrics which are vital to any litigation management program.
Upon completion of this course, the participants will:
Understand how insurance carriers and corporations use litigation metrics and which metrics are key. Know how carriers gather information and from what sources. Which metrics are important to track within the law firm? Learn which metrics are actionable and are used by carriers to improve their claims operations. Learn how client feedback re qualitative firm performance is factored into metrics. Know how to align their law firm goals with customers’ objectives. Understand how carriers measure alternative fee arrangements. Learn the state of predictive modeling regarding litigation-current and future.
Course 7: Coverage Perspectives
When defending cases, many lawyers do not consider the effects that insurance coverage can have on the client they represent and/or the carrier. Counsel frequently do not understand the tri-party relationship or the potential conflicts of interest that may arise when a carrier has accepted the defense of the client under a reservation of rights (“ROR”). They similarly may not understand the effect that contractual indemnity agreements may have in creating coverage available to the client through other insureds and co-defendants. As a result, counsel can mismanage a case and cause considerable problems for a client or carrier or both.
In this course, lawyers will explore the nuances of insurance coverage and the conflicts of interest inherent in the tri-party relationship and emanating from RORs. The course will also explore Additional Insured coverage, and how the defense of the case can ultimately lead to a verdict that could result in more or less coverage for a client. Publicity and financial considerations as well as different clauses in an insurance policy will be discussed.
Upon completion of this course, the participant will:
Understand case law and ethical opinions that are implicated in defending insured litigation, including: the client’s prompt duty to tender claims; the carrier’s duty to defend and its duty to indemnify, and potential conflicts of interests the lawyer may encounter in representing multiple parties in ROR situations. Understand how the client, the carrier and Additional Insureds looks at coverage in a case focusing on potential issues such as Burning limits, SIRs, Deductibles and excess exposure. Know how to identify ROR letters that may create the need for Independent Counsel and the ethical issues surrounding this matter by jurisdiction. Understand concerns regarding the use of a firm on an alternative fee program, staff counsel or panel basis provided by the carrier. Explore counsel’s defense of a case that could lead to less coverage being afforded to the client, by the carrier or to the Additional Insured. Know how to review Consent and Hammer clauses and know how they can affect the handling of a case. Understand the competing perspectives regarding the impact of publicity and other financial considerations, such as the cost to the insured in human resources, loss of revenue and “down time” and whether those costs are potentially covered under specific policy provisions such as the supplementary payments clause.
Course 8: Fundamentals of Risk Transfer
Every client, whether they are a consumer, a corporation or a governmental entity, encounters a risk of loss to life, property or earnings. Some of these risks are predictable, the cost minimal and can be appropriately budgeted for out of the client’s regular income or reserves. Others risks are uncertain or occur with some frequency for the Industry but not for the client, and/or are potentially catastrophic. When the latter occurs, they may threaten the standard of living for the client or its ability to continue to operate fiscally. Uncertain, infrequent and/or potentially catastrophic risks need to be measured and planned for nonetheless. As part of this planning, clients may contract with others to assume all or part of an identified risk. Insurance and indemnification agreements are two examples of vehicles to transfer risks.
The typical defense lawyer often has little to no experience with risk transfer agreements or the impact those types of agreements have on the defense of a case or the responsibilities of the lawyer to his/her client. Even if aware of these agreements, the defense attorney may not understand how those agreements should be interpreted. This course will expose lawyers to the fundamental principles of risk transfer via insurance coverage and indemnity agreements as well as helping them to understand excess coverage, reinsurance and captive insurance.
Upon completion of this course, the participant will:
Know various risk transfer vehicles. Understand risk transfer through various types of insurance and explore the language used to accomplish this in various types insurance policies. Understand risk transfer through various types of indemnification agreements and explore the language used to accomplish this in various contracts, including, how such agreements affect insurance coverage. Understand risk transfer through various types of excess and reinsurance and explore areas such as excess coverage, reinsurance, SIR vs. deductible and captive insurance.
Course 9: Resolution Strategies
Recent studies have found that litigation and risk managers overwhelmingly agree that law firms need to resolve cases more quickly, become cost effective through the utilization of alternative fee arrangements and case-appropriate staffing, improve client communication, and become better business partners. What tools and techniques are required to meet these demands?
Thought-provoking strategies will be examined, which will provide the participants with perspectives that go well beyond the traditional methods of case management and resolution and will provide techniques to allow for the evolution of change and success in the future.
Upon completion of this course, the participant will:
Have learned how a wide range of activities (including staffing, alternative fees, settlement conferences, vendor and data management) all need to converge in order to achieve client expectations. Be able to identify techniques to create cost-effective resolution strategies by case and by grouping of matters. Learn about surprising ways our own brains (or those of our advisors) can interfere with good decision making and get in the way of resolving a claim early. Learn about a dispute resolution process designed to avoid delays and overcome cognitive obstacles. Learn how to optimize efficient resolution at the mediator selection stage. Use data management techniques to manage multiple team members to identify opportunities to quickly resolve matters by line of business and jurisdiction. Learn how to evolve and adapt in an ever-changing litigation management arena.
Dinner (Students and Faculty) and Group Projects continued in meeting rooms at the Westin
Harry Caray's Restaurant - 7th Inning
Water Tower Place
835 N Michigan Avenue
Chicago, Illinois 60611
Course 10: e-Strategies
Social media and other electronic media have revolutionized the way we research and learn about the “facts” of our cases and it has profound implications both legally and ethically on the law and its users. In part two of this course, students will learn how to successful navigate the world –wide web of e-media and harness its power while avoiding its misuse.
Upon Completion of this course, the participant will be able to:
Better understand the pivotal role of social media in fact investigation/case discovery in all types of claims and litigation. Appreciate the significant evidence preservation issues that are presented when dealing with electronically stored information (ESI), including social media content. Know how to make use of evidence obtained from social networking sites and other online resources in jury selection as well as overall case evaluation and strategy. Understand where the ethical boundaries are drawn with respect to the use (or misuse) of social media and other online resources by claims professionals and defense counsel in litigation.
Course 11: Practical Aspects of Litigation Management - Strategic Implementation
- Speakers:
E. Kay Fuller, Progressive Group of Insurance Companies
Jerry Hamilton, Hamilton, Miller & Birthisel LLP
Attorneys and their clients share the same goal — proficient case handling that achieves the best possible outcome. How to accomplish this goal may be seen differently by the parties. Communication and attention to cost is where is most breakdowns occur. This course will focus on how to build true partnerships where the parties can communicate freely while providing meaningful information to the client. Partnership is one of the most overused and misunderstood words when describing the attorney-client relationship. Participants will learn the essentials that create a true partnership, starting with the hiring process through case disposition. In addition, we will study the tools that not only help the client better understand the litigation strategy, but also involves them in the process. At the conclusion of this course, you will have a better understanding of the client’s perspective and the practical aspects of litigation management.
Upon completion of this course, the participant will:
Learn the roles of the three parties: insured, insurer and defense counsel in the litigation process. Know what is important to the client when soliciting their business. Learn how to marry case evaluations with resolution strategies using agreed-upon plans and budgets. Be able to create a budget that fully describes the activities necessary to achieve the desired outcome while utilizing the most cost-efficient approach. Understand the importance of a detailed, easily understood litigation plan. Acquire an understanding as to why there are instructions contained in the client’s litigation retention letter. Know how to view a litigation plan from the macro and micro levels.
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