Mr. Hug was among the panelists in a panel that included academics, judges, and practitioners from Connecticut as well as states that have adopted unsupervised probate. From their diverse perspectives, the panelists examined the pros and cons of giving beneficiaries the ability to opt out of a court-supervised estate settlement. They also considered the experiences of states that have adopted some form of unsupervised probate in the settlement of decedents’ estates.
Ms. Scheib participated as one of three panelists on a panel that discussed best practices around selection, clearance, use, and engagement of trademarks. Ms. Scheib, in particular, offered insight on recent legal decisions that are either changing or significantly impacting the rules for protecting and enforcing trademarks.
The article notes that: “Employers in the United States increasingly seek to hire foreign nationals, as they possess unique perspectives and diverse backgrounds, and often have international experience, making them uniquely qualified for a particular position. The hiring process for foreign nationals, however, is different than the hiring process for US citizens.” In the article, Mr. Mirer and Ms. Shanley give a brief overview of some of the most widely used work-authorized categories, as well as their timing and other implications.
Presented by the Defense Research Institute (DRI), the annual seminar focuses on the latest trends and developments in life, health, disability and ERISA law. Mr. Begos addressed the practical implications of the new Department of Labor (DOL) disability claim regulations for claim practices, which took effect on April 1, 2018, and their likely effects on litigation.
The article covers the expected streamlining of the purchase, sale, and financing of real estate transactions as a result of dramatic advancements in technology over the last 25 years. “Of late, consumers are increasingly demanding greater convenience, and lenders are increasingly assessing the benefits that they may enjoy from fully electronic closings.”
The article discusses the question of when and under what circumstances a policyholder is entitled to interim payments of “undisputed” amounts from an insurer. Mr. Sullivan indicates that the answer will depend on the circumstances of the claim, examination of applicable policy language, and research into case decisions, state statutes, and applicable insurance department regulations. “Notwithstanding, prompt payment of undisputed amounts by a carrier is very often the most practical and preferred approach,” said Mr. Sullivan. “At a minimum, timely payment of undisputed amounts assists a carrier in its defense of any bad faith claims.”
The book provides practical insight and guidance to help legal counsel for state, tribal, and local governments, as well as businesses and citizens to protect lives, property, public safety, and the public welfare. Mr. Merriam’s chapter is found in the second part of the book, which focuses on “Building Physical and Financial Resilience.” He covers early considerations, risk evaluation, determination and prioritization of alternatives, and implementation of the hazard mitigation planning process.
The webinar covered the central issues associated with business interruption claims arising from catastrophes such as Hurricanes Harvey, Irma, and Maria. Mr. Ackerman, Mr. Murphy, and Mr. Sullivan discussed period of restoration issues, separating covered vs. uncovered losses, loss measurement issues, contingent business interruption coverage, utility service interruption coverage, and civil authority coverage.
Attendees were lead through an interactive discussion on depositions of insurance company witnesses, with a focus on claim professionals and corporate designees. Mr. Butts, Mr. Dwyer, and Ms. Vennos covered avoiding an inadvertent waiver of the attorney-client or work product privileges when decision-makers are deposed in coverage or bad faith actions; key differences between federal and state practice regarding the designation and deposition of a corporate designee/representative; the potential consequences of designating the wrong person to testify on behalf of the company, the ability to amend prior testimony, and the rules governing the use of corporate designee testimony at trial; and ethical considerations of witness preparation.
The presentation is the second in the “Insurance In-House Counsel CLE Series” that offers continuing legal education (CLE) and networking catered exclusively to in-house counsel and attorney claim professionals in the insurance industry.
The program featured remarks from the U.S. Department of Commerce Bureau of Industry and Security Deputy Assistant Secretary for Export Administration, Matthew S. Borman, and representatives from participating original equipment manufacturers (OEMs), including UTC, Sikorsky, and Airbus. The seminar also included a panel discussion and Q&A session.
Ms. Freedman provided practical tips for protecting against identify theft.
The CLE program addressed the new wave of policy limit demands, how they impact the claim adjustment process, and the potential legal exposure they create. The session concluded with a review of best practices for insurers in responding to the demands.
The webcast covered the framework of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act and the potential risk issues health care providers might face under these Acts. Mr. Duffy offered insight on protecting highly sensitive data, breach reporting obligations at the federal and state level, and planning for a ransomware attack.
The program was geared toward chief information officers, chief information security officers, security specialists, and risk managers. Ms. Freedman offered insight on how to establish effective cyber defense.
The webinar covered what private equity firms are looking for in a services business, why sellers often misjudge their business’ real worth, and what to expect before you sell, and what you may find after.
Presented by the Rocky Mountain Land Use Institute, Mr. Seeman covered “Property Law Basics” and "Government Interests in Land" as part of this bonus workshop that provided an introduction to how real estate transactions work.
Presented by the Rocky Mountain Land Use Institute, Mr. Smith covered “Drafting & Negotiating the Purchase and Sale Agreements" as part of this bonus workshop that provided an introduction to how real estate transactions work.
The practice note provides an overview of regulating religious land uses under RLUIPA for local government attorneys and discusses different ways local governments can regulate religious uses, the types of claims that can be brought, and strategies for training staff and handling applications under RLUIPA.
Presented by the American Bar Association's Tort Trial and Insurance Practice Section, Mr. Varga's session addressed an array of causation issues that arise under property insurance policies and remain an omnipresent source of dispute between policyholders and carriers in the context of catastrophe losses.
Presented by the American Bar Association's Tort Trial and Insurance Practice Section, Mr. Sullivan's session focused on the evolving coverage issues associated with ransomware and offered insight on how insurers are responding to this threat.
The program focused on executive compensation issues that arise on termination of employment, including treatment of equity awards and deferred compensation under Section 409A. It included a summary of key 409A concepts and covered the separation pay exception, contingent releases, and issues counsel should consider at the time of "exit" for senior executives.
The program was conducted as a hypothetical workplace harassment investigation. Ms. Cole-Johnson, Ms. Kushel, and Ms. Warren role-played the initial major phases of the workplace investigation process based on a hypothetical scenario with input from attendees on identifying and analyzing the issues presented. The program also covered responding to harassment allegations, including identifying key issues and creating a plan of action to investigate and resolve complaints.
In the article, Mr. Merriam emphasizes the importance of having a proper record during judicial reviews of land use decisions and offers insight on how to create it in an effective and illuminating way. “It is not difficult to create winning records. It only requires that everyone down the line be able to understand everything that happened at the local level, that adequate word pictures be painted to pick up on the nonverbal communication, and that the record be complete and accurately reflects the views of all the stakeholders.”
The webinar provided practical takeaways and key considerations in planning for a purchase or sale transaction of a health care entity including: regulatory issues related to hospitals, physician practices, and post-acute health care providers; resource management, deal process considerations, and transaction timing; and labor, employee benefit, and environmental issues.
The CLE program offered insight on what property insurance commonly covers, what it doesn’t cover, and how the most recent battles between policyholders and insurers have been resolved. Mr. Ackerman also addressed common provisions that can add to a policy’s protections – such as business interruption coverage – and common exclusions that limit coverage. The panel concluded with a review of recent case law addressing property policy disputes and the issues that may be addressed by the Connecticut appellate courts in the coming year.
The article offers an outlook for manufacturing in 2018, including the intersection of state, federal, and global issues.
Presented and hosted by the Real Estate Section of the Boston Bar Association, the program provided an overview of the history and structure of Boston zoning and offered insights for navigating the unique permitting processes of the City of Boston.
Mr. Anderson served as a panelist at the annual joint breakfast meeting of the Association for Corporate Growth (ACG) and the Exit Planning Exchange (XPX). The event featured a ‘mock negotiation’ regarding a company sale. The goal of the session was to involve the audience in arriving at a resolution so each side could move forward to a successful closing.
In the article, Mr. Mirer, Ms. Naughton, and Ms. Shanley cover the heightened scrutiny faced by H1-B petitions from the U.S. Citizenship and Immigration Services (USCIS) under President Trump’s “Buy American and Hire American Executive Order.” The article goes on to say “foreign nationals can still qualify for the increasingly narrow H-1B category. To do so, the employer must understand the type of positions that qualify for an H-1B visa and describe the requirements for the position with specific, yet limited degree requirements, choose the most accurate prevailing wage category and wage level, and, present evidence that the position and the foreign national qualify for an H-1B visa.”
The webinar featured an overview of the history of planned unit developments (PUDs), best practices for regulating PUDs, legal issues that may arise in the regulation of PUDs, and alternatives to PUDs.
Mr. Levinson was the moderator of a panel which discussed the deal activity happening across home health, home care, hospice, and post acute. The session discussed pruning to include only high performing assets, growing in scale to reduce cost, maximizing local clout with payers and referrers, extending your brand, and owning much or all of the post acute continuum.
Sponsored by the American Bar Association's Section of Litigation, the panel covered the use and selection of court-appointed experts, the ways these experts work with the court and parties, and the types of cases where these appointments are typically made.
The workshop is offered as part of CI's Project Management Certification program. Mr. Faulkner has presented at this workshop for the past several years, and it remains one of CI's most well-attended programs. This year, the program was structured to provide a two hour online session, followed by a two hour live presentation. Mr. Faulkner addressed how early knowledge of potential issues on a project can help mitigate any associated legal consequences and costs. In the session, the participants reviewed potential legal issues that can arise from missteps; examined case law examples that resulted from construction-related issues; and discussed the importance of considering legal hurdles before making decisions.
The session identified areas of conflict that can arise between primary and excess property insurers and between multiple insurers providing quota share coverage in the same layer of insurance. Mr. DeMeo covered strategies to proceed with orderly claims adjustment without allowing conflicts to interfere with providing timely payments of covered losses to the insured.