with the authors
New York City partners Ellen Greiper and Eugene Boulé will present “How the Recent RICO Complaints Change the Defense Landscape and What Insurance Companies Need to Do,” a Wilson Elser Forum webinar, on April 30, 2024. This webinar will focus on the implications of plaintiffs increasingly using civil RICO charges to pursue racketeering allegations against attorneys, doctors and other medical providers with varying degrees of success.
Defendants are refusing to testify during the pendency of these RICO actions, resulting in juries being disbanded or mistrials declared in existing matters. Importantly, a trend toward widespread fraudulent RICO claims is emerging, and numerous plaintiffs’ law firms have been identified as bad actors in this regard.
This webinar will explain the protocols our teams are using to assert counterclaims and present affirmative defenses, resulting in motions brought by plaintiffs’ counsel to withdraw their representations.
Otis Felder has been invited to join the Recreational Boating Committee panel at the 125th Anniversary Celebration Kickoff of the Maritime Law Association of the United States, to be held May 1-3, 2024, in New York City. Other speakers are from the U.S. Coast Guard and the American Boat and Yacht Council. Otis will address developments in marine recreation law following his involvement in two Ninth Circuit cases. Topics include the enforceability of liability waivers under Ehart v. Lahaina Divers Inc.; limitation proceedings following Williams Sports Rentals Inc. v. Willis (In re Complaint & Petition of Williams Sports Rentals, Inc.); and indemnity and duty to defend. Otis has been a Proctor Member in the MLAUS since 2020 and has spoken at many of its past events on various topics, including marine insurance and maritime security issues.
Lisa Wilson (Partner-Dallas, TX) and Stephanie Reda (Of Counsel-White Plains, NY) will present “How to Note the File,” a Wilson Elser Insurance Coverage Master Class, on May 7, 2024. They will provide adjusters with strategies for updating their claim files in a meaningful way to keep the adjustment on track and moving forward. Topics include the problems with “tone” in emails and claim notes that later can impact litigation of the claim; the role of supervisors and their notes in the process; and common mistakes made by even the most experienced adjusters that can impact how others view the file. All of the examples are events from adjusters with 10 or more years of experience.
Ashley Gilmore (Partner-Dallas, TX), Erik Tomberg (Partner-Raleigh, NC) and Blake Crawford (Of Counsel-Dallas, TX) will present “Navigating the Duty to Defend and the Insured’s Right to Independent Counsel,” a Wilson Elser Insurance Coverage Master Class, on May 9, 2024. They will explore the frameworks for determining when a liability insurer has a duty to defend its insured and when the insured has a right to select independent counsel. Topics include the rules for reviewing the underlying pleading, whether extrinsic information can be considered, when a conflict of interest exists requiring independent counsel, and rate and reporting issues pertaining to independent counsel. General principles will be discussed, as well as specific rules in five key jurisdictions: California, Florida, Illinois, New York and Texas.
Kadeem Wolliaston (Associate-Albany, NY) will join Hon. Mae D’Agostino, a judge for the Northern District of New York, to present on Law Day 2024, sponsored by United States District Court for the Northern District of New York in partnership with the Northern District of New York Federal Court Bar Association. The event is an annual commemoration to celebrate the rule of law and cultivate a deeper understanding of the legal system. This year’s “Voices of Democracy” Law Day theme encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process. Kadeem and Judge D’Agostino with speak with high school students about participation in democracy. Topics include Understanding the Electoral Process, Discussing Issues Honestly and Civilly, and Turning Out to Vote.
Karen L. Bashor (Partner-Las Vegas, NV) has been selected by the Nevada Supreme Court to be the keynote speaker for the Southern Nevada Bar Admission Ceremony on May 10, 2024. The Chief Justice of the Nevada Supreme Court, Elissa Cadish, personally reached out to Karen to extend the invitation for this special occasion, believing that Karen could offer a great deal to the newly admitted lawyers for the state of Nevada. Chief Justice Cadish kindly remarked that she has been impressed with Karen’s work within the firm and in the larger legal community, along with her various initiatives and the strong example she sets to advance women and diversity in the legal profession. Karen was honored to accept the invitation and will be proud to deliver the keynote address at next month’s ceremony.
Diana Estrada (Partner-Los Angeles, CA) will join a panel titled “Securing Your Business –The Power of Restrictive Covenants” at the Target Markets Program Administrators Association (TMPAA) Mid-Year Meeting to be held May 13–15, 2024, in Tampa, Florida. This Program Administrator Town Hall presentation will discuss how to protect your business, preserve your assets and stay ahead of the competition with expert insights on restrictive covenants. Panelists will provide valuable guidance on preserving your intellectual property, maintaining client relationships and maximizing the value of your company by mitigating risks associated with employee turnover. Topics include Legal Protection, Risk Mitigation, Preserving Assets, Enforcement Tactics, Future-Proofing Strategies, and Legislative & Legal Challenges.
More information and registration are available on the event website.
Susan Schwartz (Partner-Dallas, TX), Tommy Spitaletto (Partner-Dallas, TX) will present “The Art of Mediation,” a Wilson Elser Insurance Coverage Master Class, on May 14, 2024. They will host mediators who have waded into the murky depths of the coverage battle in the first-party and third-party contexts. Discussions will be practical and enlightening to the professional audience. Issues include how best to present a coverage dispute for the mediator’s consideration, and what coverage counsel need in their toolbox to help the mediator focus on the essential factual and legal issues that need resolution. The mediators will discuss the types of information – or behaviors – that are counterproductive to their efforts. They will guide attendees in knowing what works and what does not in preparation, presentation and success in the mediated case.
Richard Boone Jr. (Partner-New York, NY), Jonathan Meer (Partner-New York, NY), Richard Bortnick (Of Counsel-Philadelphia, PA) and Siobhán Mueller (Of Counsel-New York, NY) will present “The Ever-Evolving World of Cyber Coverage,” a Wilson Elser Insurance Coverage Master Class, on May 16, 2024. This program will flag the growing areas of cyber-risk and the impact of cyber regulation on claims specialists and cyber insurers. An update on evolving cyber language in the lines of business and a focus on the current trends in first- and third-party coverage are included. The program will conclude with thoughts on threat actors and their use of growing regulations to threaten organizations, changes in cyber policies, and actions related to disputes over business interruption.
Jennifer Martin Partner-Dallas, TX), Graham Pulvere (Partner-Birmingham, AL), Dale Dobuler (Of Counsel-Orlando, FL), Robin Wexler (Of Counsel-Houston, TX) will present “Thorny Issues, Strategic Solutions: Mastering the Legal Challenges of First-Party Appraisals,” a Wilson Elser Insurance Coverage Master Class, on May 21, 2024. This course will arm attendees with the strategies and insights needed to navigate the thorny issues that can arise in first-party appraisals. The presenters will discuss hidden traps and legal landmines that can derail the appraisal process and confound even the most experienced claims professionals, and provide proactive strategies and practical tools to guard against pitfalls.
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