Schedule/Sessions
Session 1 - Session 1 Presentation A: Sorry Seems to be the Hardest Word: A Tripartite Perspective on Apology Legislation in Medical Malpractice Claims
Session 1 - Session 1 Presentation B: Elephant in the Room: Can Written Policies Stop the Electronic Data Stampede?
Session 1 - Session 1 Presentation C: Techniques and Tips For Early Resolution of Professional Liability Claims
Session 2 - Session 2 Presentation A: To Offer or Not Offer, That is the Question.
Session 2 - Session 2 Presentation B: Transactional Insurance: A Professional Liability Perspective
This program will (1) introduce Transactional Insurance; (2) explain its ability to contain, if not to prevent entirely, common litigation threats that accompany M&A activity; and, (3) spotlight the professional liability risks inherent in doing a deal without giving due consideration to Transactional Insurance.
Transactional Insurance (TI) helps protect deal parties from potentially catastrophic losses due to certain contingencies arising from mergers, acquisitions, divestitures, and other organic business transactions. Such contingencies are a common cause of disputes, as they sew seeds of discord, frustration, and uncertainty, resulting in complex and costly litigation.
The risk is not borne by the deal parties alone, as litigation can ensnare the professional advisors to the deal, such as CPAs, legal counsel, and insurance consultants. Simply stated, an advisor’s failure to inform his/her client about TI could very well be seen as an actionable error or omission. And, similarly, executive liability could flow from mishandling a TI opportunity.
TI is the proverbial ounce of prevention. Yet, this relatively new and innovative risk management product remains underappreciated by corporate counsel, risk managers, deal counsel, financial advisors, and other who work in the M&A space.
The panel will use real life deal scenarios to demonstrate how consideration of TI enlightens any M&A planning, staffing, and negotiation. Consideration of TI (regardless of whether it is ultimately procured) advances litigation management to the front end, by anticipating litigation’s inevitable cost and collateral damage, and by transferring that risk to the insurance markets. This solution keeps those seeds of discord from ever germinating.
Back to topSession 2 - Session 2 Presentation C: Navigating Murky Waters: Understanding the Interplay Between the ADA and the ADAAA
Session 3 - Session 3 Presentation A: How Intellectual Property Claims Differ from Other Claims (And Why You Should Care)
Exposure to intellectual property claims is sometimes lurking in ordinary business activity. Coverage for IP claims sometimes arises in ordinary insurance policies. But, when IP claims hit the courthouse, the legal issues, cost of defense, nature of remedies, and financial exposure are anything but ordinary.
Our clients and customers do business today in ways that expose them to IP risks they rarely consider: mishandling private or proprietary information, violating copyright or trademark rights, selling counterfeit or pirated products, or using or offering for sale unlicensed patented subject matter. Internet marketing not only makes unintended infringement easier and more likely, it also makes the infringement more likely to be discovered, a lawsuit more likely to result, and the potential for damages more likely to be substantial.
This panel will present and discuss procedures, remedies, and costs that are peculiar to IP claims, and that contribute to the challenge of managing IP litigation. We will discuss some of the common coverage issues, how they are currently changing, and why they demand careful evaluation at the outset of the defense. We will also discuss the role of specialized IP counsel, specialized areas of expert testimony, and even specialized courts and tribunals that may come into play when IP theories arise. Finally, we will offer recommendations for managing these risks and costs – from modifications to insuring agreements, litigation and claim handling strategies, to specialty coverage options.
Back to topSession 3 - Session 3 Presentation B: The Implications of Hadden: How the Sixth Circuit Decision in Hadden v. US Regarding Medicare Reimbursement May Affect Settlements
Session 3 - Session 3 Presentation C: Navigating the Minefields in Disatrous Professional Liability Claims
No Learning Objectives Available
