Dusting for Prints: Following the Clues in the Application of General Liability Insurance to Claims Under the Biometric Information Privacy Act
In-House Defense Quarterly Winter 2022 11 Melissa Fernandez is Managing Counsel in Travelers Claim Legal Liability Group and manages a team of attorneys who provide coverage advice , litigation management and other legal services to Travelers complex claim professionals . Melissa focuses her practic
What Are Data Breach Class Actions Actually Worth?
8 In-House Defense Quarterly Winter 2022 Brent J . Arnold is a partner of Gowling WLG in Toronto , specializing in commercial litigation , arbitration , and cybersecurity . Brent heads the firm’s Commercial Litigation Technology Sub-group . He also leads cybersecurity initiatives for the firm’s Fina
In-House Counsel and What They Want
4 In-House Defense Quarterly Winter 2022 THE RELATIONSHIP Albert Barclay Wong is a partner at Drewry Simmons Vornehm , LLP in Carmel , Indiana , where he represents health care providers . His practice focuses on defending physicians , hospitals , and nursing facilities in negligence claims . He als
PERSPECTIVES: IN-HOUSE TO IN-HOUSE
Michael K . Callahan is assistant general counsel-litigation at Eversource Energy in Boston , Massachusetts . He is the publications chair for the DRI Corporate Counsel Committee . leaders concerning changes to the legal industry from COVID-19 and the civil unrest as a result of recent events such a
Back to Basics: Common Employment Law Concerns in the Senior Care Industry and Current Trends
In-House Defense Quarterly Spring 2022 23 Caroline J . Berdzik is the chair of the Goldberg Segalla LLP Health Care and Employment and Labor practice groups . Her intimate knowledge of the long-term and post-acute care industry is frequently called upon by clients and industry insiders . Caroline of
Drafting Considerations: Paid Leave Policies
In-House Defense Quarterly Spring 2022 19 Helen R . Holden is a Partner in the Phoenix , AZ office of Spencer Fane , LLP . Her practice encompasses assisting businesses of all sizes with both counseling and litigation involving a wide range of human resources and employment law issues . She is also
Balancing Diversity and Inclusion Initiatives in an Era Where Work From Home/Hybrid is the Norm
16 In-House Defense Quarterly Spring 2022 DIVERSITY AND INCLUSION Toyja E . Kelley is a partner in the law firm of Locke Lord LLP in Washington D . C . Toyja represents large public and medium-sized businesses in complex commercial disputes . He concentrates his practice in general commercial litiga
The Winning Way: Diversity in the Courtroom
In-House Defense Quarterly Spring 2022 11 Christina Marinakis , J . D . , Psy . D . , has over 20 years of jury research , study , and applied practice in law and psychology . With homes in Los Angeles and Baltimore , Christina has assisted trial counsel during jury selection and with daily trial mo
Thoughts on Minimizing the Impact of an Attack: Ransomware Could be the Greatest Threat Facing Your Company
8 In-House Defense Quarterly Spring 2022 Ken Mendelson is an experienced consulting executive with more than 30 years of experience at the intersection of law , information technology and public policy . He assists established and emerging companies with implementing and maintaining cybersecurity an
The ADA and Rehabilitation Act in Health Care Litigation
4 In-House Defense Quarterly Spring 2022 HEALTH CARE LAW Joshua K . Boggs is Associate Litigation Counsel at West Virginia University Health System . He is licensed in both West Virginia and Pennsylvania and focuses on defense of general liability and medical negligence claims in both state and fede
PERSPECTIVES: IN-HOUSE TO IN-HOUSE
In-House Defense Quarterly Spring 2022 1 By Michael K . Callahan Michael K . Callahan is assistant general counsel-litigation at Eversource Energy in Boston , Massachusetts . He is the publications chair for the DRI Corporate Counsel Committee . the authors show the strategic benefits that can lead
How to Highlight the Strengths of your Corporate Witness
For The Defense January 2022 39 WOMEN IN THE LAW Glow Up How to Highlight the Strengths of your Corporate Witness By Sharon D . Stuart With proper 30(b)(6) preparation , you and your witness can shine . Sharon D . Stuart is a founding partner of Christian Small LLP , where she handles complex and cl
Faulty Construction Coverage Disputes: Differing Judicial Approaches to “Rip and Tear” Damages and “Legally Obligated to Pay as Damages” Disputes Surrounding Non-Litigated Faulty Workmanship Claims
32 For The Defense January 2022 INSURANCE LAW Faulty Construction Coverage Disputes Differing Judicial Approaches to “Rip and Tear” Damages and “Legally Obligated to Pay as Damages” Disputes Surrounding Non-Litigated Faulty Workmanship Claims (Part 2 of 2) By Barbara O’Donnell Understanding the anal
The Doctor Ordered an App: Understanding AI and Machine Learning’s Effect on Regulation and Litigation Risk
26 For The Defense January 2022 DRUG AND MEDICAL DEVICE The Doctor Ordered an App Understanding AI and Machine Learning’s Effect on Regulation and Litigation Risk By Hannah Anderson , Christine Kain , Kevin Morrow , and Teddy O’Reilly As AI/ML technologies and other software continue to be employed
Enforcement to Come: Uncertain Liability Landscape for UV Disinfecting Device Manufacturers
For The Defense January 2022 23 PRODUCT LIABILITY Enforcement to Come Uncertain Liability Landscape for UV Disinfecting Device Manufacturers By Peri Berger and Sarah DeAgostino With manufacturers of UV disinfecting devices likely to see an increase in lawsuits and enforcement actions in the near fut
Socially Unacceptable? Nonsolicitation Provisions and Social Media Posts
18 For The Defense January 2022 EMPLOYMENT AND LABOR LAW Socially Unacceptable? Nonsolicitation Provisions and Social Media Posts By John G . Browning Courts across the U . S . are wrestling with nonsolicitation provisions involving social media posts from former employees , and given the wave of de
Independent Contractors or Employees? An Overview of Rideshare Drivers
14 For The Defense January 2022 LITIGATION SKILLS Independent Contractors or Employees? An Overview of Rideshare DriversBy Lee J . Hurwitz As the law struggles to keep pace with rapid advances in ridesharing technology , individuals and businesses struggle to assess risk . Lee Hurwitz is a senior as
Jury Trials in a Pandemic Age: Changing Juror Expectations and Trial Practice
10 For The Defense January 2022 LITIGATION SKILLS Jury Trials in a Pandemic Age Changing Juror Expectations and Trial Practice By Keith Pounds With COVID protocols affecting trial outcomes in multiple ways , trial attorneys need to be aware of how jurors’ new experiences and expectations will impact
Communicable Disease Coverage in the Age of COVID-19
6 For The Defense January 2022 LITIGATION SKILLS Back to the Basics Communicable Disease Coverage in the Age of COVID-19 By Steven A . Bader A novel insurance product , an emerging area of first-party litigation , and a refresher on motions to dismiss . Steven Bader is a partner and head of appellat
For Young Lawyers and Beyond: Invest in YOU in 2022
For The Defense January 2022 1 The inception of each new year is full of possibilities , carrying with it an almost caffeinated jolt of motivation , fresh ideas , and the desire to set and undertake new goals for ourselves . It’s a feeling and a vibe unlike any other—that feeling of everything being
Avoiding Ethical Pitfalls in the Defense of Workers’ Compensation Claims
DEFENSE ETHICS AND PROFESSIONALISM The Rules Avoiding Ethical Pitfalls in the Defense of Workers’ Compensation Claims By Steven M . Tipton In the face of an everchanging statutory and regulatory landscape , it is prudent for attorneys to stay aware of ethical conflicts related to workers’ compensati
No Free Passes: Challenging the Admissibility of Expert Opinions at Trial
LITIGATION SKILLS No Free Passes Challenging the Admissibility of Expert Opinions at Trial By Kevin C . Mayer A ppropriate challenges to the admissibility of the expert’s opinions at trial can mean the difference between a plaintiff or defense verdict . Here’s how to ensure your success . Kevin C .
Talking Points to Prospective Members | DRI | May Membership Month
Talking Points— Prospective Members The following is a list of suggested topics to discuss when contacting prospective DRI members: • Tell them how DRI allowed you to create business opportunities that helped build your practice and let them know they can network with potential clients and attorneys
Protected Activity Gone Awry: Title VII’s Opposition Clause and the Disruptive Employee
34 For The Defense February 2022 EMPLOYMENT AND LABOR LAW Protected Activity Gone Awry Title VII’s Opposition Clause and the Disruptive EmployeeBy Robert J . Sniffen While claims remain an employment law battleground and are often difficult and costly to defend as employees become savvier regarding