2021 Life, Health, Disability, and ERISA Seminar Agenda


*Schedule and Speakers subject to change

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Thursday, April 15, 2021

Time (Central) Program CLE
10:15–11:15 a.m. DRI for Life - Book Club

Jeannine C. Jacobson, Maynard Cooper & Gale, Miami, FL
Joshua D. Lerner, Rumberger Kirk, Miami, FL
12:00–12:15 p.m. Welcome and Introductions

Daniel W. Gerber, Gerber Ciano Brady Kelly LLP, New York, New York
Sarah J. Delaney, Goldberg Segalla LLP, Buffalo, New York
Scott M. Trager, Funk & Bolton PA, Baltimore, Maryland
12:15–1:15 p.m. COVID Impacts: COVID-19 Based Disability Claims

COVID-19 changed life as we know it, and gave rise to many long and short term disability claims. Required quarantines raise issues of factual vs. legal disability, social disability, and the extent to which the risk of COVID-19 infection may be deemed a disability. As scientific knowledge of COVID-19 grows, claims involving its lingering effects are also likely to grow.

Jodie L. Ousley, d'Arcambal Ousley & Cuyler Burk LLP, New York, New York
1:15–1:25 p.m. Break
1:25–2:25 p.m. Diversity and Inclusion Luncheon

Jacqueline Jones-Peace, Equal Justice Initiative, Montgomery, AL
2:25–2:35 p.m. Break
2:35–3:35 p.m. BREAKOUT 1: Updates and a New Phase: DOL Disability Claim Regulations, Now with New COVID Deadline Extensions!

The ongoing saga of the Department of Labor's Disability Claim Regulations took a new twist in 2020, adding COVID-specific extension of deadlines in light of the ongoing pandemic.  Explore the new regulations and time-frames along with updates on possibly conflicting state guidance, exhaustion of remedies and litigation developments.

Caitlin Strauss, Saul Ewing Arnstein & Lehr LLP, Philadelphia, Pennsylvania
2:35–3:35 p.m. BREAKOUT 2: Health Law Update

Everything new and hot in health insurance! Learn about current issues in health insurance litigation, including participating provider litigation updates, class action updates, health care fraud, the status of the ACA, and much more.

Michael H. Bernstein, Robinson & Cole LLP, New York, New York
3:35–3:45 p.m. Break
3:45–4:45 p.m. Opioids, Marijuana, and Designer Drugs

The addiction epidemic grows, while more states are legalizing marijuana. New and different "designer drugs" are being used and abused every year. Learn about their implications regarding detection, drug intoxication, and accidental death analysis.

Julie F. Wall, Chittenden, Murday & Novotny LLC, Chicago, Illinois
John T. Seybert, Dearborn National Life Insurance Company, Lombard, Illinois
4:45–4:50 p.m. Break
4:50–5:10 p.m. Life, Health, and Disability Committee Business Meeting (Open to All)
5:10–6:10 p.m. Young Lawyers' Cocktail Shake Up

Whether you are a young lawyer or young at heart, everyone is welcome to this networking event hosted by the Young Lawyers Committee.

Friday, April 16, 2021

Time (Central) Program CLE
11:00–11:10 a.m. Welcome and Announcements

Jamie L. Moore, Bradley Arant Boult Cummings LLP, Birmingham, Alabama
11:10–12:05 p.m. Telehealth - The New Frontier

Telehealth represents an intersection of the worlds of healthcare providers, insurance, technology, data privacy, governmental regulation, and consumer usage. As a result, telemedicine has high potential for risk, but is not without reward. In this new normal arising during the COVID-19 pandemic, telehealth is particularly well suited for providing quicker and safer access to providers without unnecessary exposure to others. This presentation is intended to raise awareness of the issues recognizing the ever-changing landscape and to present best case strategies for minimizing risk and maximizing benefits.

Kimberly J. Ruppel, Dickinson Wright PLLC, Troy, MI
12:05–12:10 p.m. Break
12:10–1:10 p.m. Schmidtke on ERISA

Mark Schmidtke, the leading authority on ERISA, will discuss the latest in cutting-edge ERISA issues, including Supreme Court developments, and timely issues impacting life, health, and disability insurance providers and their counsel.

Mark E. Schmidtke, Ogletree Deakins Nash Smoak & Stewart, PC, Valparaiso, Indiana
1:10–1:20 p.m. Break
1:20–2:20 p.m. Mental Health Parity and Alternative Treatments

Mental health parity and alternative treatments remain a heavily litigated topic in health insurance. From wilderness therapy and behavioral health to residential treatment and education programs, this program closely examines this constantly evolving area.

Daniel K. Ryan, Hinshaw & Culbertson LLP, Chicago, Illinois
2:20–2:30 p.m. Break
2:30–3:30 p.m. BREAKOUT 1: Fiduciary Duties, Interrelated Relationships, and Claims Between Co-Fiduciaries

Jurisdictions may vary regarding duties and claims between co-fiduciaries, and things can be pretty sticky when one fiduciary seeks indemnity from a co-fiduciary.  This program will explore the relationships and duties between co-fiduciaries, how duties may be breached, and what remedies may be had.

Edna S. Kersting, Wilson Elser Moskowitz Edelman & Dicker LLP, Chicago, Illinois
2:30–3:30 p.m. BREAKOUT 2: Life & Disability Updates

A discussion of the most recent significant state and federal court decisions relating to life insurance and accidental death and dismemberment. Plus, a year in review of disability litigation and will cover everything new, including pre-existing conditions, new and additional rationales for denials, exhaustion of remedies, overpayment counterclaims, and more!

Jeaneen J. Johnson, Semmes, Bowen & Semmes PC, Baltimore, Maryland
Kristen Cross, Sirote & Permutt PC, Birmingham, Alabama
3:30–3:40 p.m. Break
3:40–4:40 p.m. A Deep Dive Into State Discretionary Bans, PLUS De Novo Review

Dig into various state bans on discretionary language and how de novo review looks today across the circuits. Includes an in-depth exploration of the practical limits of these bans, along with the evolving rules they generate.

Kristina M. Holmstrom, Ogletree Deakins Nash Smoak & Stewart, PC, Phoenix, Arizona
4:40–4:45 p.m. Break
4:45–5:45 p.m. Networking Events - Sarah's House of Games