Claims/Litigation Management - Session 1 - Commercial Vehicle Inspections and Improving Your Compliance, Safety, and Accountability Scores
Terence Milford, CBIZ Insurance Services, Inc.
Stephen Olson, Engles, Ketcham, Olson & Keith, P.C.
Tom Rush, Focus Forensics
Following a collision involving a commercial vehicle, a post-crash Driver/Vehicle Examination Report is often completed. The phrases “Level 1 Inspection” or “Level 5 Inspection” often show up in reports and documents – but it seems that many don’t fully understand what these and other phrases mean. This presentation is intended to familiarize the audience with the various types and levels of routine pre-crash and post-crash commercial vehicle inspections, and what they do or do not entail. Furthermore, the presentation will address the North American Standard Out-of-Service Criteria, and discuss how the results of commercial vehicle inspections relate to these criteria. With an emphasis on motor vehicle collisions, the differences between “collision related” and “non-collision related” designations will be discussed, as well as the effort needed to determine whether or not specific violations contributed to the causation of a collision. The panel will present examples of actual post-crash Driver/Vehicle Examination Reports for discussion, and will illustrate some of the more common violations found related to the Out-of-Service criteria.Back to top
Claims/Litigation Management - Session 2 - Employment Practices Liability and Evolving Social Norms
Nicole Barna, Markel Service, Incorporated
Ayana Harvey, Allied World Assurance Company, Ltd.
Tiffany Saltzman-Jones, BatesCarey LLP
Today’s EPL market is greatly influenced by changing social norms. While at their core these employment law issues are familiar – discrimination, FMLA leave, wrongful denial of benefits, maternity leave, religious freedom – the contexts and extent to which they are now being applied are expanding and evolving.Back to top
Claims/Litigation Management - Session 3 - Determining Liability Associated with Fire Suppression Sprinkler Systems Failures
John Bieder, Black Marjieh & Sanford LLP
Andrew Blum, Exponent
Edward Kotite, Starr Companies
This technical panel will cover the fundamental components and operation of fire protection sprinkler systems. Regardless of the specific type of system, the improper design, installation, inspection, maintenance, and testing of a fire protection system can result in damage to the building which the system was intended to protect and liability for those responsible. A number of common failure modes found with these systems will be discussed, as well as key indicators that can be identified by attorneys and investigators early in the investigation that may help identify potential causes of the failure as well as defenses available. Discussion will include failure modes which cause damage when no fire occurs, and those which may inhibit the operation of a system (and therefore its ability to control or suppress a fire) once a fire has been detected. The role and liability of the system installer, engineer of record, building owner, installation, testing, and maintenance contractor, and Authority Having Jurisdiction (AHJ) in the creation and identification of these failure modes will also be discussed.Back to top
Claims/Litigation Management - Cocktail Networking
Claims/Litigation Management - Breakfast
Claims/Litigation Management - Keynote - The Four Foundations of Great Leadership
We have found that these 4 foundations if practiced form a strong foundation for leadership. Examples of these four principles and how to incorporate these principles will be discussed in this keynote.Integrity- Honoring One’s Word Doing what you know to do, doing what you said you would do and on time, doing what others could expect you to do even if you haven’t said that you would do it, and saying when you are not going to be on time as soon as you realize you won’t be on time, or won’t be doing it at all. Authenticity Great leaders are noteworthy in having come to grips with the foibles of being human – not eliminating them, but being the master of these weaknesses when they are leading. Being Committed to Something Greater than Oneself
Being committed to something bigger than oneself is the source of that passion and energy.Being Cause in the Matter of your Life When you have taken the stand (declared) that you are cause in the matter of your life, it means that you give up the right to assign blame to the circumstances, or to others.
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Claims/Litigation Management - Session 4 - Internet Presence Investigations
Jean LeVash, Schneider National, Inc.
Doug Marshall, Marshall Investigative Group
Tamara Warn, Superior Risk Management
In the session we’ll discuss how an individual’s internet presence can drastically affect the outcome of a claim. Our discussion will take a look at where the internet is today and how it can be used to impact a claim. There will be a section on how to do some of this on your own and some websites that will help determine if a presence on the internet exists.
We will demonstrate how we locate, authenticate and preserve internet information for trial. Other types of extraction techniques covered, will be in obtaining photographs, videos, posts, blogs, news articles and discuss how to authenticate and report the different types of file information. The type of file information we will touch on is metadata, geotag and EXIF information. We will share several recent cases that will prove to be informative as well as entertaining.
Also in the discussion we’ll provide the value of monitoring social media sites on a daily basis without violating the subject’s privacy rights. An informative part of the session will be identifying some of the websites that are of value when doing an internet presence investigation and examples will be given of what’s extracted.
Claims/Litigation Management - Session 5 - Automotive Equipment Failure Analysis
Marie Cheung-Truslow, Law Offices of Marie Cheung-Truslow
Mark H. Nelson, Rimkus Consulting Group, Inc.
Christopher Sheehan, Custard Insurance Adjusters Inc.
This seminar is designed to provide insurance adjusters, risk managers, and attorneys with a working knowledge of the types and causes of vehicle equipment failures. Defined are the processes and procedures for evaluating failures to determine if they were a cause or contributor to an accident or a consequence of the actual accident. In addition, determining if there is the possibility of a design/manufacturing/material defect which caused the failure.
It will assist in determine specifically what evidence must be retained and secured / preserved for future analysis. Also outlined are pointers to help determine when outside independent consultants and /or laboratories are necessary to assist in evaluating the technical aspects of a failure (and subsequent accident) to assist in resolution of related claims.
Municipal Law - Session 1 - Public Assets: Risks, Rewards and Reducing Environmental Liabilities
Christopher Alviggi, NFP Insurance
Jad Davis, KutakRock LLP
Susan Smith, Self Employed
Allison Stock, Rimkus Consulting Group, Inc.
We will engage the audience in an interactive discussion of emerging environmental liabilities and available insurance programs designed to shift (mitigate) public agencies’ potential risks. The panel will discuss emerging environmental liabilities facing public agencies with a focus on recent events, such as the City of Flint’s water crisis, municipal water suppliers (including lead contamination, legionella/Legionnaires’ disease, and other contaminants and pathogens), Gold King Mine waste water spill, Waters of the United States, and regulators’ obsession with vapor issues. Then the panel will transition into an interactive discussion of innovative programs to shift these environmental liabilities away from local public agencies.Back to top
Municipal Law - Session 2 - Recent Developments in Qualified Immunity for Law Enforcement Officers
Sheri Bradtke McNeil, Kopka Pinkus Dolin
Greg Gilliam, Schools of Ohio Risk Sharing Authority (SORSA)
Steven Stern, Sokoloff Stern LLP
This one-hour lecture will provide a primer on qualified immunity, tracing a brief historical analysis of the doctrine and its efficacy, explaining the evolution of today’s procedural requirements, and discussing recent Supreme Court decisions that have altered the scope of the analysis – particularly in the law enforcement context. It will also address claims issues surrounding qualified immunity, such as assignment of counsel, conflicts of interest, setting reserves, settlement and offers of judgment.
Municipal Law - Session 3 - When Municipal Employees Talk: Unsupervised Statements & The Importance Of Getting Control
David Cole, Freeman Mathis & Gary, LLP
Daniel McGuire, EGA, RGA, RPA, CGA, Tri-State Claim Service, Inc
Jayne Spies, Oklahoma Municipal Assurance Group
The session will discuss various types of unsupervised statements which can be made by municipal employees and the impact such statements can have on liability for the organization. The presentation will address several real life examples where municipal employee made statements without supervision, including examples from declarations and deposition testimony. The presentation will also discuss methods for gaining control.
Municipal Law - Cocktail Networking
Municipal Law - Breakfast
Municipal Law - Keynote
Municipal Law - Session 4 - Law Enforcement Professional Liability: Navigating the Complicated and High Stakes World of Excessive Force Claims From the Plaintiff, Officer & Insurance Company's Perspective
Dena Greenwood, QBE
Richard Pevner, Summit Risk Services
Brian S. Sokoloff, Sokoloff Stern LLP
This session will focus upon the standard of law related to use of force, the difficult position of the officer and recent trends in litigation. The presentation will also delve into coverage issues related to law enforcement claims, which adjusters face on a daily basis. The presentation will begin with the occurrence on the street and will end with a jury verdict. The goal will be to review each important step of a claim from inception to conclusion through the eyes of expert practitioners.
We will leave time for a Q & A session and are confident that attendees will leave the presentation with a far greater understanding of both the intricacies involved in these cases and a global general understanding of the challenges that these cases present across the wide spectrum of various stakeholders.
Municipal Law - Session 5 - Complications Arising From Multi-Jurisdiction Task Forces
Wayne Melnick, Freeman Mathis & Gary, LLP
William Oberts, Tribler Orpett & Meyer, P.C.
Christine O'Brien, Ambridge Partners LLC
This presentation will discuss various issues that may arise when handling claims involving multi-jurisdictional task forces. This presentation will begin with a hypothetical scenario involving a joint task force and will proceed through the development of a lawsuit and settlement. Various aspects of handling these claims will be discussed, including formation, investigation, defense, and insurance ramifications.
Professional Liability - Session 1 - Medical Malpractice: Moving To Preclude Medical Experts Under Daubert, Frye and Their Progeny - When And Why (Or Why Not)?
Melanie Lakin, Healthquest Systems, Inc.
Lawrence W. Rosenblatt, Aaronson Rappaport Feinstein & Deutsch, LLP
Douglas Shaw, Healthquest Systems, Inc.
When, why and how should Frye, Daubert, and their progeny be invoked when moving for summary judgment? What considerations should and need to be taken into account by all parties to the tripartite relationship when making such a decision?
During this panel discussion a history of Frye, Daubert, and relevant progeny will be discussed. In doing so, we will address how the evolution of challenges to expert opinion testimony has led medical malpractice professionals now being able to challenge medical opinion testimony in medical malpractice cases.
This will be followed by a brief discussion on relevant trends implicated by this subject, including: 1) attempts at trying to utilize ‘science-based’ standard of care arguments; 2) types of cases that lend themselves to Frye/Daubert analysis; 3) example of how the plaintiffs’ bar is trying to ‘flip the script’ and use science-based arguments to preclude defense experts in med mal cases.
Thereafter, the Panel will discuss the various tripartite considerations that go into making such a motion, including: 1) is this case a ‘good fit’?; 2) cost-benefit analysis; 3) the timing of the motion (S/J vs in limine).
The presentation will conclude with, time permitting, a brief audience Q&A.
Professional Liability - Session 1 - Working with a Difficult Insured: Strategies to Effectively Work Together
Paul Presman, Liberty International Underwriters
Peter Strelitz, Segal McCambridge Singer & Mahoney, Ltd.
Perry Tsao, Willis Towers Watson
This course will discuss strategies for getting a difficult Insured to work with you towards satisfactory resolution of a claim. It will include approaches for working with various types of difficult Insureds and involve choice of counsel, settlement, and contribution issues from perspectives of both attorneys and claims handlers. The presenters will also mention situations they have faced working with difficult Insureds and tactics they have used to get an Insured on their side.
Professional Liability - Session 2 - Impact of the D.O.L.'s Proposed Fiduciary Standard on Financial Professionals: Expanded Liability, Exposures and Risk Assessment
Patrick McGinley, Everest National Insurance Company
Brian Palmeri, Winget, Spadafora & Schwartzberg, LLP
Gary Schmidt, Aspen Insurance
Cynthia Yousef, AmTrust Group
The following presentation is an overview of the Department of Labor’s Fiduciary Rule and how it differs from the prior rule. In particular, we discuss the expansion of a “Fiduciary”, what qualifies as “Investment Advice.” We further examine the operation of the “Best Interest Contract Exemption” and other Prohibited Transaction Exemptions, in particular, P.T.E. 84-24, which affects insurance products. Following a review of the law, we examine the potential effects on agents/brokers for claims under ERISA and common law. We further discuss the potential regulatory impacts and exposures to agents/brokers arising from the same. Finally, we discuss implications on insurance policies and claims procedures.Back to top
Professional Liability - Session 2 - Lawyers: Global Perspectives on Data Collection, Transfer, Use and Disclosure
Adam Butera, Travelers
Edward Finn, Mullen Coughlin
Joseph Garin, Lipson Neilson P.C.
Shawn Harpen, The Patron Spirits Company
Lawyers are hired to protect their clients. Yet lawyers are increasingly the weak link in their clients’ data security program given their dependence on the rapid and full exchange of confidential information. Despite cautionary tales from highly publicized data breaches affecting various industries, governments, and individuals, investment in planning and information security by law firms remains comparatively small. Because the value of the data is often the driving factor in predicting a breach, the size of the firm may be irrelevant to the frequency and intensity of attacks on law firms. Therefore, law firms of all sizes and geographic reach must be adequately prepared for the damage that data breaches have to a law firm’s reputation and balance sheet. This course will cover expense and loss exposure to law firms and their clients inherent in data collection, transfer, use and disclosure; describe the emerging legal, regulatory and ethical issues facing the legal profession; and explore techniques to manage and transfer these risks.
Professional Liability - Session 3 - Arbitration: Risk Takers vs Risk Avoiders - But Which Is Which?
Gale Dwyer, Allied World Assurance Company, Ltd.
Thomas Lookstein, Starr Adjustment Services, Inc.
Alison Moore, Thompson, Coe, Cousins & Irons LLP
Patricia Nolan, The Law Office of Patricia A Nolan
This presentation will address the practical aspects of arbitration from a defense perspective. The discussion will include issues relevant to the initial decision to seek or oppose arbitration in professional liability cases, including, for example, the scope of arbitration provisions, potential conflicts of interest and other claims handling considerations. In addition, the presentation will offer practical strategies that insurers and defense attorneys can use to maximize the benefits of arbitration. In this regard, the panelists will cover topics such as negotiating agreements that limit expense, solutions to the dispositive motion dilemma, and the effective presentation of evidence.
Professional Liability - Session 3 - But, Our By-Laws Say ........ Homeowner's Associations and The Rise in Disability Discrimination Claims
Lisa Brennan, Markel Service, Incorporated
Claudia Costa, Gordon & Rees LLP
Starr Kincaid, Michigan Municipal Risk Management Authority
Jennifer Weinstein, Intact Insurance Specialty Solutions
Premises which are part of a Homeowners’ Association are subject to many restrictions. Many homeowners purchase a home within a Homeowners’ Association because of the restrictions. Some do not want to live with animals. Others want the premises to always look a certain way and are not willing to accept structural changes. But, restrictions, polices and rules imposed by a Homeowners’ Association will often have to be amended to provide a reasonable accommodation to someone with a disability. Failure to properly consider requests for a reasonable accommodation could result in costly and protracted litigation for the Homeowners’ Association and its members.
The restrictions, wishes of the owners and the law often clash. This presentation will discuss the various laws that apply to Homeowners’ Association and the rise in disability claims against Homeowners’ Associations. The panel will also discuss Best Practices for a Homeowners’ Association which if implemented should help reduce the risk of protracted and costly litigation.
Professional Liability - Networking Cocktails
Professional Liability - Breakfast
Professional Liability - Keynote
Professional Liability - Session 4 - Religious Freedom and Expression In Employment
Kevin Casey, TDC Specialty Underwriters, Inc.
Matthew Glade, Hanover Insurance
Nicole Rhoades, Davis Rothwell Earle & Xóchihua P.C.
Stephanie Rojo, Thompson, Coe, Cousins & Irons LLP
In this presentation, we will discuss the terms of Title VII relating to religious discrimination and accommodation, as well as the recent notable EEOC v. Abercrombie & Fitch Stores, Inc. case addressing an applicant’s alleged denial of a job due to her wearing of a headscarf during her interview (decided by the U.S. Supreme Court on June 1, 2015), the issue of Kim Davis’ refusal as an elected official to issue marriage licenses to same-sex couples, ExpressJet’s suspension of a flight attendant who refused to serve alcohol for religious reasons, and other cases addressing religious accommodations in employment.
Professional Liability - Session 4 - The Suing Circle: Lawyers vs Lawyers
Sally Field, Attorney Protective
Dennis Galvin, Argo Group US
Shari Claire Lewis, Rivkin Radler LLP
James Rhyner, Chubb
Lawyers increasingly sue other lawyers, not just on behalf of their clients, but as plaintiffs themselves. The suits take a variety of forms and are limited only by the suing lawyer’s imagination, litigation budget and vindictiveness. This panel will discuss the variety of claims and coverage issues that one can anticipate and how understanding the motivation behind the claim may aid in its successful disposition. We will discuss two broad categories of lawyer v. lawyer suits. On one hand, there are claims instituted by opposing counsel, with either the client or counsel the named plaintiff, and which are often brought to gain some litigation advantage. Other claims are brought by lawyers that once were allies, such as between partners in firm dissolutions, co-counsel in mass torts, and associates employed by a law firm. Regardless, when lawyers sue lawyers it’s not business as usual -- it’s personal.Back to top
Professional Liability - Session 5 - Cyber Attacks on Professionals - How Far Will They Raise The Standard of Care?
Rajiv Batra, Chubb
Anthony Burrows, Sompo International Insurance
Rinat B. Klier Erlich, Manning & Kass, Ellrod, Ramirez, Trester LLP
Karen Smyth, Self Employed
The session will discuss how cyber attacks have become the norm, and how they have affected how professionals who represent clients have changed the way they do business, only to raise the standard of care in their industries. Yet as professionals become more prepared, the attackers become more sophisticated, so how far will clients be able to claim that it was within the standard of care to protect them from those claims? The session will discuss types of attacks against professionals that give rise to claims by their clients, how to prevent and then defend lawsuits relating to such attacks, and the quandary of the standard of care: The more we improve how we deal with attackers the higher the standard becomes for everyone.
Professional Liability - Session 5 - Ripped From The Headlines: Don't Be Next!
Regan Katz, Wortham Insurance and Risk Management
Kim Noble, Thompson Flanagan
Dax Watson, Lipson Neilson P.C.
This program will focus on social media gone array. Panelists will discuss case studies and volunteer commentary on legal issues and ethical implications. Risk Management is an ever-evolving arena for all entities, whether private/public, for-profit/not-for-profit and large or small.
This presentation focuses on identifying these social media risks through recent headlines. The panel will analyze these issues and contextualize them within recent case law, current media case studies, and their unique industry experience.
The panel will emphasize how lawyers, insureds, claim professionals, and risk managers can successfully navigate social media.
Transportation - Session 1 - Cargo Liability and the Impact of the Food Safety Modernization Act
Alan Clark, Engle Martin & Associates, Inc.
Shawn Crawley, Sompo International Insurance
Jean Gardner, Self Employed
The food industry has seen an increase in governmental oversight of the manufacturing, handling and storage of food product. These regulations have been enacted to prevent practices that create food safety risks. More recently the Food and Drug Administration, in accordance with the mandate set out in the Food Safety Modernization Act (FSMA), has turned its attention to the safe transport of food and has released proposed rules, titled the “Sanitary Transportation of Human and Animal Food” which, when enacted, will increase the obligations on motor carriers to secure the integrity of the food chain.
This session will focus on defining “what is an actual loss” as referenced by the Carmack Amendment, what it means to say a Cargo is “adulterated” and how the new regulations redefine liability of a carrier and what the potential impacts to coverage under a Motor Truck Cargo Legal Liability policy may be as a result of the regulations.
Transportation - Session 1 - Understanding Uber - Transportation Network Companies
Paul Graf, Vanguard Claims
James Howard, Howard and Howard, P.C.
Kenton Kaplan, Claim Professionals Liability Insurance Company
Uber and other transportation network companies (“TNCs”) have raised numerous legal issues from their participation in the marketplace. Transportation network companies are becoming ubiquitous, and claims personnel and attorneys are most likely to be confronted with issues surrounding their existence and operation.
Legislatures have sought to deal with the TNCs and to respond to the issues raised by their operation. An important theme within the legislative framework has been the establishment of mandatory insurance requirements to protect all parties involved, including the TNC driver and passenger.
Endemic in the analysis of the TNCs are issues generated by their marketing and contract materials, which raise issues as to choice of law, subsidiary corporation liability, duties as common carrier, validity of the contract, liabilities posed by the actions of drivers, the status of the driver, liability of TNCs resulting from hiring of drivers, and insurance issues.
Litigation which has been spawned in the wake of the emergence of the TNCs has included that brought by taxi companies in attempts to fight back against what they regard as an unfair business model, drivers asserting rights as purported employees of the TNCs, and consumers.
Transportation - Break
Transportation - Session 2 - Drones - Not Just a Toy
Kevin Hromas, US Insurance Information, LLC
Mark Pollack, CPCU, AIC, RPA, Affirmative Risk Management
Michael Schneiderman, Wellington Claims Service
This presentation will cover a general overview of drones, including the growing liability, risks, and benefits surrounding commercial and recreational use of drones, and how insurance companies may use drones in the adjustment of claims. We will discuss how insurance companies are having to write new policies to insure potential liability for drones and will discuss a sample policy and its exclusions. We will also discuss the affect drones will have on homeowner’s policies. Another part of the discussion, will be how drones can be used to adjust insurance property damage claims. We will also discuss the legal issues surrounding drones and discuss new laws and regulations being considered or implemented by the federal government and states.Back to top
Transportation - Session 2 - Preservation Letters Gone Wild! Handling Ridiculous Pre-Suit Preservation Requests
Andrew Isakoff, Marshall Dennehey Warner Coleman & Goggin
Michael Lowry, Wilson Elser Moskowitz Edelman & Dicker LLP
Robert McDonald, McGriff, Seibels & Williams
Belky Velez, Claims Questions, LLC
How do you respond to a letter of representation the day after an event demanding that all “evidence” in your possession be preserved? What is “evidence?” What is in your “possession?” How long must it be preserved? Can we fight back? This session will address these topics and more by providing potential strategies risk managers and insurance partners may utilize to meet their preservation obligations.
Transportation - Break
Transportation - Session 3 - Intermodal Transport Shipments - Who is Liable for the Cargo Losses?
Selena Ho, Markel Service, Incorporated
Mark Newcomb, ZIM American Integrated Shipping Services Co. LLC
Lori Quinn, Marshall Dennehey Warner Coleman & Goggin
This panel will provide an overview of what Intermodal Transportation is, the parties involved, and the potential litigation issues surrounding an intermodal cargo loss.
Transportation - Session 3 - Weight Watchers for Containers? What Shippers, Intermediaries, Motor Carriers, Vessel Operators, and Terminal Operators Need to Know about the New SOLAS Weight Requirements
Richard Bridges, Roanoke Insurance Group Inc.
Jacob Fisher, Scopelitis, Garvin, Light, Hanson & Feary P.C.
Dennis Minichello, Marwedel, Minichello & Reeb, P.C.
The International Maritime Organization (IMO), a United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships, has promulgated new requirements for container weight verification procedures for the shipment of ocean containers as part of the Safety of Life at Sea Convention (SOLAS) which will go into effect beginning July 1, 2016. This presentation will address those requirements and how they will affect shippers, intermediaries, motor carriers, vessel operators, and terminal operators.
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Transportation - Cocktail Networking
Transportation - Breakfast
Transportation - Keynote
Transportation - Session 4 - Trucking Companies, Their Drivers and Lawyers: Why Do Juries Hate Us?
Rebecca Brewster, American Transportation Research Institute
Steven Canty, Orleans Canty Novy
Lea Kapral, Acuity Insurance
David Zehner, Zehner Trial Consulting
This Session is Part I of a two part discussion. The panel members will discuss, from varying perspectives, how jurors’ preconceived notions regarding truck drivers and motor carriers create challenges to defending trucking litigation. The panelists will cover why jurors hold such attitudes regarding commercial drivers and trucking companies. Among other things, panelists will address the impact of media coverage relative to trucking incidents, as well as how jurors’ own experiences as automobile drivers can create strong emotions in jurors surrounding trucking litigation. The presenters will discuss how such biases of jurors can impact trucking Defendants, their Counsel, and Claims Professionals in defending trucking cases. Finally, the panel will examine the influence of jurors’ attitudes regarding professional drivers and trucking companies on verdicts and damages awards.Back to top
Transportation - Break
Transportation - Session 5 - Trucking Companies, Their Drivers and Lawyers: Techniques for Preparing Company Representatives and Drivers for Trial
Cedar Abadie, Swift Transportation Company
Andrew Fay, Fay Law Group, LLC
Ryan Pierce, Swift Transportation Company
Bradley A. Wright, Roetzel & Andress, LPA
This session is part II of a two-part discussion. The panel members will discuss how jurors’ preconceived notions can create challenges for defending trucking companies. The presenters will discuss how all of these issues can be diluted or avoided prior to and during litigation by using different strategies and tactics.
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