Category: CLE OnDemand

  • AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability

    AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability

    AI Image Generators and Copyright:

    Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability

    Photo by Hitesh Choudhary on Unsplash

    AI programs are now readily available for all. Stability AI, Lensa, and other AI image creation tools create original works of art, raising the question of IP protection for such art. The United States requires human authorship in order to obtain copyright protection, and so far, the U.S. Copyright Office has declined to grant copyright registrations for AI-created works of art based on a lack of human authorship (one of these decisions is being challenged in Thaler v. Perlmutter (D.D.C. filed June 2, 2022)). While some countries take a similar approach to the US, others treat the issue of copyright eligibility for AI-generated art quite differently and provide at least some protection of computer generated works.

    Questions have also been raised as to whether AI-generated images constitute derivative works and whether such images and the AI generation tools used to create them infringe third-party copyrights, or whether the fair use doctrine or other defenses may apply. The first lawsuits involving image generators have now been filed raising copyright claims in addition to other claims.

    Listen as our authoritative panel of IP attorneys examines AI image generators and the associated copyright issues. The panel will discuss eligibility in the U.S. and the recent actions by the Copyright Office and contrast this with the approaches used in other countries. The panel will also address the recent cases that have been filed and the potential liability for copyright infringement in the U.S. and other countries.

    Strafford and HB Logos

    Speakers

    Michael R. Graif
    Member
    Mintz Levin Cohn Ferris Glovsky and Popeo

    Lisa T. Oratz
    Senior Counsel
    Perkins Coie

    Scott J. Sholder
    Partner
    Cowan DeBaets Abrahams & Sheppard

    CLE On-Demand Webinar

    This Strafford production has been specially selected for HB audiences.

    Topics

    • What hurdles confront counsel when demonstrating authorship of AI-generated works?
    • How does copyright apply to AI-generated works? How does it differ across jurisdictions?
    • What steps can counsel take to increase the likelihood of success when seeking copyright protection for AI-generated works?

    Outline

    1. AI-generated works of art and copyrightability
      1. Eligibility in the U.S.
      2. Eligibility in other countries
    2. AI image generators and copyright infringement
      1. Derivative works
      2. Fair use and other defenses
      3. Liability in other jurisdictions
      4. Best practices
  • Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits

    Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits

    Class Certification Evidence

    What Are the Standards of Admissibility and Probative Value Among the Circuits?

    Numerous splits exist among the circuits on two key certification issues: What is required to prove the elements for class certification and whether plaintiff’s certification evidence must be admissible. Further, courts apply different admissibility standards to fact evidence than to expert evidence. Certain courts have issued clear guidance on these important issues, while others have remained circumspect, sending mixed signals. This is particularly vexing for defendants, who may be sued in more than one district or circuit. What is sufficient for class certification in one jurisdiction may be inadequate in another. With standards unsettled, counsel must anticipate and preserve the right to revisit class certification by preserving all objections and the factual record. Listen as the panel of class action attorneys discusses the standards of admissibility of evidence at certification and best strategies for leveraging ambiguities.

    Questions Addressed

    • How can defense counsel preserve objections to admissibility?
    • How can counsel leverage the law of other circuits in jurisdictions with no controlling precedent?
    • What does how a court assesses evidence imply about its view on admissibility standards?

    Webinar Outline

    1. Fact evidence
      1. Need not be admissible
      2. Must be admissible
      3. Ambiguous
    2. Expert evidence
      1. Full Daubert analysis
      2. Limited Daubert analysis
    3. Strategies for managing and leveraging the uncertainty

    Strafford and HB Logos

    On Demand CLE Webinar

    A Strafford production specially selected for HB audiences.

    Learn Strategies for
    Opposing or Narrowing Class Certification
    and Preserving Objections

    This Strafford production has been specially selected for HB audiences.

    Speakers

    Kevin Daly
    Counsel
    Robinson & Cole

    Alexander Madrid
    Partner
    McGuire Woods

    Michael Ruttinger
    Partner
    Tucker Ellis

    Robert Sparkes, III
    Partner
    K&L Gates

    This Strafford production has been specially selected for HB audiences.

  • Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

    Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

    Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

    Strategically Limiting Discovery, Resolving Discovery Disputes

    Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel’s discovery requests.

    Drafters are responding by tailoring requests to anticipate such challenges. Drafting discovery requests that are likely to withstand burden and proportionality challenges and objections to broad discovery requests is critical for litigators representing employers in wage and hour class and collective actions. Employment litigators must develop and implement effective discovery strategies both before and, as applicable, after certification of the putative class. These strategies often must anticipate the possibility of a future summary judgment motion, further certification practice, and trial on the merits.

    Listen as our authoritative panel of employment law attorneys explains effective strategies for pursuing or objecting to discovery requests in wage and hour collective and class actions and resolving discovery disputes that arise during litigation.

    Questions Addressed:

    • What are the most common discovery challenges counsel face when litigating wage and hour collective and class actions–from initiation through resolution of the case?
    • What strategies have been effective in wage and hour collective and class actions for obtaining essential information with the least expense?
    • What is the scope of discoverable evidence before and after certification of the putative class, and how can you limit or best manage discovery?
    • When drafting discovery requests in wage and hour class and collective actions, what should employment counsel consider to ensure that the requests align with the proportionality standard?

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    On Demand CLE Webinar

    Interested in this program? Click here to send us a note.

    Speakers

    Gerald Maatman Jr.
    Partner
    Duane Morris
    GMaatman@duanemorris.com

    Noel P. Tripp
    Principal
    Jackson Lewis
    Noel.Tripp@jacksonlewis.com

    Outline

    1. Pursuing or objecting to discovery requests in wage and hour collective and class actions
      1. Before conditional collective or class certification
      2. After conditional certification of a collective action
      3. After class certification
    2. Discovery considerations for summary judgment
    3. Discovery considerations for trial
    4. Resolving discovery disputes

    Explore more from Duane Morris LLP!

    Journal (JEIL) Artificial Intelligence Litigation Risks in the Employment Discrimination Context. By Gerald Maatman Jr., Alex Karasik, and George Schaller

    CLE OnDemand Webinar: AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context. Gerald Maatman Jr., Alex Karasik, and George Schaller

    CLE OnDemand Webinar: Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class. Gerald Maatman Jr., Noel P. Tripp

    CLE OnDemand Webinar: Rule 23(c)(4) Issue Certification: Reconciling the Conflict With the Predominance Requirement. Gerald Maatman Jr., Timothy Congrove, Jennifer Mesko and James Muehlberger

  • Rule 23(c)(4) Issue Certification: Reconciling the Conflict With the Predominance Requirement

    Rule 23(c)(4) Issue Certification:

    Reconciling the Conflict with the 23(b)(3) Predominance Requirement 

    Proposed class actions seeking monetary damages are often difficult to certify because common issues do not predominate over individualized issues as required by Rule 23(b)(3). Rule 23(c)(4) provides that “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues.”Although Rule 23(c)(4) has been part of the rule since the landmark 1966 amendments, it was often overlooked until the Supreme Court’s decision in Wal-Mart v. Dukes. Plaintiffs now routinely seek limited issue certification for purported common issues, such as liability, arguing that questions of injury, reliance, or causation should be left for individual cases. When approved, this approach increases defendants’ exposure by permitting certification in some cases that would otherwise fail the Rule 23(b)(3) standards.The federal circuits are now in a three-way split on how issue certification should be treated under Rule 23(b)(3)’s predominance requirement. While the Fifth Circuit has taken the textual view in Castano v. American Tobacco Co. that permits issue certification only if the class first qualifies under Rule 23(b)(3), the Ninth, Sixth, Second, and Seventh Circuits have adopted the opposite view that Rule 23(c)(4) certification does not require predominance. The Third Circuit has clarified and heightened the test in Russell v. Educ. Comm’n for Foreign Med. Graduates, 20-2128 (3d Cir. Sept. 24, 2021), but offers both sides plenty to consider. The remaining circuits are uncommitted, leaving the district courts to address the matter.Listen as our panel of experienced class action litigators analyzes the varying circuit court positions on Rule 23(c)(4) issue classes and the implications of practitioners’ decisions when pursuing or opposing class certification.

    Outline

    1. The emergence of issue classes under Rule 23(c)(4)
      1. What is an issue class?
      2. How are they being strategically used?
      3. Where are the grey areas?
    2. Key court decisions on issue class certification
    3. Textual and historical analysis of Rule 23(c)(4)
    4. Strategies for defending the trial of “issue” classes

    Be sure to check out more of Duane Morris LLP contributions!

    Journal (JEIL):  Artificial Intelligence Litigation Risks in the Employment Discrimination Context. By Gerald Maatman Jr., Alex Karasik, and George Schaller

    CLE OnDemand Webinar: AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context. Gerald Maatman Jr., Alex Karasik, and George Schaller

    CLE OnDemand Webinar: Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class. Gerald Maatman Jr., Noel P. Tripp

    CLE OnDemand Webinar: Rule 23(c)(4) Issue Certification: Reconciling the Conflict With the Predominance Requirement. Gerald Maatman Jr., Timothy Congrove, Jennifer Mesko and James Muehlberger

    Details

    Recorded 10/6/2022

    Speakers

    Timothy E. Congrove
    Partner
    Shook, Hardy & Bacon

    Gerald L. Maatman Jr.
    Partner
    Duane Morris

    Jennifer L. Mesko
    Partner
    Tucker Ellis

    James P. Muehlberger
    Co-Chair, Food, Beverages & Agribusiness Practice Group
    Shook, Hardy & Bacon

    Benefits

    The panel will review these and other key issues:

    • What is the tension between the requirements of Rule 23(c)(4) and Rule 23 (b)(3), and how are courts reconciling the conflict?
    • What impact does the rise in issue class certifications have on the trial and settlement of class claims?
    • How class action practitioners leverage the various circuit court opinions on Rule 23(c)(4) issue classes at the certification stage

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  • Safeguarding Against Financial Exploitation

    Safeguarding Against Financial Exploitation

    An on-demand CLE-eligible webinar

    Safeguarding Against Financial Exploitation  

    America’s senior population is growing. Nearly one in five U.S. residents will be 65 or older in 2030. Which means the average age of U.S. investors is climbing too. With that comes the risk that they will be exploited by people with access – or gain access through nefarious methods – to their investment portfolio. Seniors and vulnerable persons lose billions of dollars each year. Remarkably, 90% of the people to take advantage of senior investors are members of their own family. Attorneys who represent senior clients need to know the signs of vulnerability, red flags that their clients are being exploited, what laws apply, and rules lawyers must follow in these matters.  

    Questions our speakers answer:

    • What is senior / vulnerable investor exploitation?  
    • Who is protected by state and federal laws?  
    • How prevalent is senior financial exploitation? What do the numbers tell us? 
    • What is the pace of financial abuse SAR filings by securities firms? 
    • What are the most popular scams?  
    • What is diminished capacity? 
    • What are the red flags indicating possible exploitation? 
    • What are the laws, rules, and regulations governing law firms? 
    • What are some best practices for law firms? 
    • How can firms best protect their senior clients?  

    Blue image of money.

    On Demand CLE Webinar

    What You Get

    • PowerPoint and supplemental materials.
    • Complete recording for later review.
    • Answers to your questions via email.
    • Invitation to contact speakers.
    • 1.5 CLE credits (for licensed attorneys).
    • CLE assistance.*

    *Subject to state bar rules. For licensed attorneys. 

    Register

    Meet the Speakers

    Joseph Calabrese
    Bressler, Amery & Ross, P.C.

    A 1991 Graduate of St. John’s University Law School, Mr. Calabrese brings 30 years of practice and 18 years of Securities Litigation/Regulatory experience to his role as principal in the New York office of  Bressler, Amery & Ross’s Financial Institutions Group. He began his career as a Wall Street litigator as an associate general counsel for Citigroup’s Smith Barney and later served as an executive director and senior member of the Wealth Management Client Litigation Group at Morgan Stanley, where he ran the Early Dispute Resolution Group for seven years.

    He spent the first 13 years of his career as a prosecutor with the Kings County D.A.’s Office in Brooklyn, NY, the majority of that time, as a senior assistant district attorney in the Homicide Bureau. His areas of practice include financial institutions, financial institutions advisory practice, financial institutions enforcement defense, financial institutions litigation and arbitration. He is the co-head of the Pro Bono Committee and a member of the firm’s Senior & Vulnerable Investor Group. 

    More about Joseph

    Logan S. Fisher
    Bressler, Amery & Ross, P.C. 

    Logan Fisher is a Principal of Bressler, Amery and Ross. His practice is primarily devoted to representing and advising financial services professionals including broker-dealers, financial advisors, registered investment advisors, private equity, crowdfunding and other financial services professionals. Logan frequently represents broker-dealers and registered representatives in securities litigation, including customer-initiated complaints with self-regulatory organizations such as the Financial Industry Regulatory Authority (FINRA).

    He has successfully handled numerous arbitrations involving a variety of claims, including fraud, misrepresentation, unsuitability, unauthorized trading and churning. Logan also has experience counseling individual financial advisors regarding Form U4 and U5 disclosures. In his securities regulatory practice, Logan has represented broker-dealer and registered investment advisor clients in a variety of state, SEC and FINRA investigations. He has also counseled registered investment advisor clients concerning required disclosures under Form ADV. 

    More about Logan

    Angela Turiano
    Bressler, Amery & Ross, P.C.

    Angela Turiano represents brokerage firms and individual registered representatives in customer and employment arbitrations and litigation, as well as regulatory matters. Angela has worked as in-house counsel for two major securities firms, and thus understands, from an internal perspective, the highly specific needs of her clients. Highly respected throughout the financial services industry, Angela is an active speaker in the securities community, including speaking engagements at the SIFMA Annual Compliance and Legal Seminar, the New York State Bar Association, the American Conference Institute, and the renowned NYU Stern School of Business, all of where she has lectured on the latest trends in securities litigation.

    Angela is also an active member of Bressler’s Senior and Vulnerable Investor Group, where, in addition to advising and defending her clients with regard to senior issues, designs and conducts training and supervisory education programs on how to avoid regulatory and litigation risk in this space.

    More about Angela

  • Epiq Class Action Settlement Efficiency

    Epiq Class Action Settlement Efficiency

    EpiqEpiq presents a CLE-eligible webinar
    Wait Wait … Don’t Settle!
    Essential elements of effective class action settlements.

    When it comes to complex class action litigation, once the hard work is done – litigation and settlement – more hard work begins – administering it.  But is the deal really ready?

    After years of arduous proceedings, discovery, motions, appeals, hearings, negotiations, and more, the scope and structure of your settlement has been drafted. Everyone is in agreement. The hard work of the courts, the attorneys, the legal teams, and the litigants is complete. Now it’s time to administer the settlement. Send out notices. Cut the checks. Get people paid. Boom! Sit back and relax. Get a claims administrator to take it from there.
    But wait … you find out that the terms of the agreement, the promises made, the budget established, and the deadlines calendared are not only inefficient, they are completely unworkable. Now the settlement is in jeopardy. The clients are frustrated. The court is frustrated. And you have a headache.
    That is a situation you, as a class action attorney, never want to find yourself in. The best way to avoid this quagmire is for attorneys to work with a professional and experienced claims administrator before you agree on settlement terms, someone who has been to this rodeo many, many times before. If you want smooth execution of your claims program, they must be on your team as you pull the pieces of the settlement together, not afterwards.
    Join us for a complimentary CLE webinar on Thursday, April 8, 2021, for a practical discussion based on Seven Elements of Effectively Settling Class Actions led by a class action litigator turned class action settlement expert, who will moderate a discussion with two highly regarded class action attorneys who have been involved in a number of high-profile complex cases.

    On Demand | Recorded April 2021

    On Demand Registration

    Included with registration

    • 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video.
    • For questions write to CLE@LitigationConferences.com.
    • 75 minutes of insights from experienced professionals.
    • The complete PowerPoint presentation.
    • Continued access to the complete recording for later use.
    • Answers to your questions via email to the presenters, or write to HB and we will be sure to contact the speakers.

    KEY POINTS

    These Seven Elements of Effectively Settling Class Actions will serve as the framework for our practical presentation.
    • Consult Early, Before Settlement
    • Evaluate Noticing Options
    • More Outreach = More Claims
    • Understand Your Data
    • Use The Right Technology
    • Consider Appropriate Scope of Services
    • Compare Apples to Apples on Estimates

    On Demand Registration

    Meet the Panel

    Michael O’Connor
    Vice President
    Class Action & Mass Tort Solutions
    Epiq

    Over the past 10 years Michael O’Connor has established himself as a national expert on complex settlement administration matters and oversees client relationship development and strategic client communications. He works closely with our class action and mass tort team of project managers to ensure consistent, superior client service standards.

    Based in Washington, DC, Mr. O’Connor also works extensively on Epiq’s contracts with the United States Federal Government, including the Department of Justice, Federal Trade Commission, Securities and Exchange Commission and Consumer Financial Protection Bureau.  Currently, Mr. O’Connor also oversees Epiq’s administration of: (a) Peterson v. Islamic Republic of Iran, Case No. 10-CIV-4518 (S.D.N.Y., Hon. L. Preska), a $1.9 billion disbursement to victims of the 1983 Marine barracks bombing in Beirut; and (b) In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, Case No. 1:05-MD-1720 (MKB) (JO) (E.D.N.Y.), a nearly $6 billion settlement brought by all U.S. merchants against Visa and Mastercard.

    A highly esteemed thought leader, O’Connor is a frequent national speaker on settlement administration best practices and has worked on and overseen many of Epiq’s largest and most complex engagements. He holds a Juris Doctor from the University of Oregon Law School and a Bachelor of Arts in political science from Yale University.  Before joining Epiq in 2010, Mr. O’Connor was a trial lawyer for thirteen years, most recently as an owner at Garvey Schubert Barer (now Foster Garvey).

    More about Michael

    Alexandra “Xan” Bernay
    Partner
    Robbins Geller Rudman & Dowd LLP

    Alexandra Bernay is a partner in Robbins Geller Rudman & Dowd LLP’s San Diego office, where she specializes in antitrust and unfair competition class-action litigation. She has also worked on some of the Firm’s largest securities fraud class actions, including the Enron litigation, which recovered an unprecedented $7.2 billion for investors.

    Xan currently serves as co-lead counsel in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, in which a settlement of $5.5 billion was approved in the Eastern District of New York. This case was brought on behalf of millions of U.S. merchants against Visa and MasterCard and various card-issuing banks, challenging the way these companies set and collect tens of billions of dollars annually in merchant fees. The settlement is believed to be the largest antitrust class action settlement of all time. Additionally, Xan is involved in In re Remicade Antitrust Litigation pending in the Eastern District of Pennsylvania – a large case involving anticompetitive conduct in the biosimilars market, where the Firm is sole lead counsel for the end-payor plaintiffs. She is also part of the litigation team in In re Dealer Mgmt. Sys. Antitrust Litigation (N.D. Ill.), which involves anticompetitive conduct related to dealer management systems on behalf of auto dealerships across the country. Another representative case is Persian Gulf Inc. v. BP West Coast Prods. LLC (S.D. Cal.), a massive case against the largest gas refiners in the world brought by gasoline station owners who allege they were overcharged for gasoline in California as a result of anticompetitive conduct. Xan has also had experience in large consumer class actions, including In re Checking Account Overdraft Litigation, which case was brought on behalf of bank customers who were overcharged for debit card transactions and resulted in more than $500 million in settlements with major banks that manipulated customers’ debit transactions to maximize overdraft fees. She also helped try to verdict a case against one of the world’s largest companies who was sued on behalf of consumers. Xan speaks on a variety of issues related to litigation, including recent changes to Rule 23 of the Federal Rules of Civil Procedure. In December 2018, with another lawyer, she prevailed for her client in a multi-day probate court trial as part of her pro bono work with the San Diego Volunteer Lawyers’ Program. Xan has been named a Leading Plaintiff Financial Lawyer by Lawdragon. She earned a Bachelor of Arts degree in Journalism from Humboldt State University, where she received the Society of Professional Journalists Outstanding Graduate Award. She then graduated magna cum laude with a Juris Doctor degree from the University of San Diego School of Law, where she was Comments Editor for the San Diego Law Review, and an Order of the Coif member.

    More about Xan

    On Demand Registration

    Keith Dubanevich
    Attorney
    Stoll Berne

    Keith is an accomplished trial, appellate, and healthcare lawyer with over 35 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, with particular emphasis in the healthcare industry, Keith is adept at handling multi-state and international antitrust cases, consumer litigation, and securities disputes. In healthcare, he has handled peer review disputes, partnership and incorporation matters, and billing investigations.

    Keith’s clients value his keen instincts in court and his ability to delve into complex legal issues while never losing sight of the overall strategy of a case. A judge commented that during a recent trial Keith was “remarkably thorough, … prepared, respectful, and efficient.” Keith has also received high praise from his peers including this comment about a recent arbitration proceeding: “I was so impressed with your professionalism and effectiveness. Your whole presentation was a model of what an advocate should be.”

    During his time at the Oregon Department of Justice as Associate Attorney General and Chief of Staff, Keith led the creation of a civil rights unit, managed securities litigation including multiple cases against financial services companies, and supervised antitrust investigations and prosecutions. He was also involved with the adoption of legislation that expanded the Unlawful Trade Practices Act to include financial services companies.

    More about Keith

  • Lien Resolution: Government & Private Plans Get Aggressive (Against Attorneys)

    Lien Resolution: Government & Private Plans Get Aggressive (Against Attorneys)

    On-Demand Webinar

    Includes

    • Nearly 75 minutes of insights from experienced professionals.
    • CLE credit: 1+ (subject to bar rules).
    • For CLE questions: CLE@LitigationConference.com
    • The complete Power Point presentation.
    • Continued access to the complete recording for later use.
    • Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers.

    KEY POINTS

    • What can you do to settle personal injury suits cleanly and avoid costly litigation and penalties?
    • What recent cases can inform you about protecting your settlements and, as attorneys, yourselves, from post-settlement federal lawsuits?
    • How can your firm set itself up to meet government expectations?
    • What role might experts play in navigating these pitfalls?

    Statutes Discussed

    Medicare Advantage (42 USC § 1395w-22)

    Federal Medical Care Recovery Act (FMCRA) (42 USC § 2651)

    Armed Forces Act (10 USC §1095)

    Veterans’ Benefits (38 USC §1729)

    Third-Party Collection Rules (32 CFR 537.24; 38 CFR 17.101, etc.)

    Set-Asides under the Medicare Secondary Payer Act (42 USC § 1395y(b)(2)]

    On Demand Registration

    Lien Resolution
    Government & Private Plans Get Aggressive (Against Attorneys!)

    On Demand | Recorded September 2020

    It is increasingly common these days. Personal injury attorneys settle a case, only to find themselves sued by a U.S. Attorney for failing to reimburse Medicare for conditional payments as required by the Medicare Secondary Payer Act. In some cases the attorney may be required to pay fines in addition to the reimbursements and interest, a costly proposition. Are you up to speed on issues surrounding Medicare Advantage, TRICARE, veterans’ claims, and Medicare set-asides? Join nationally recognized healthcare lien and resolution expert Franklin P. Solomon and go-to lien resolution provider Brett Newman as they offer a practical, in-depth CLE presentation.

    Franklin P. Solomon, Esq.
    Attorney & Founder, Solomon Law Firm 

    A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in Cherry Hill, NJ, with a practice focused on evaluation, litigation and resolution of healthcare “liens” and reimbursement claims. Mr. Solomon represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Among his significant cases in the field, Mr. Solomon argued before the New Jersey Supreme Court in Perreira v. Rediger, 169 N.J. 399 (2001), obtaining a decision which prohibited health insurers’ reimbursement claims against their insureds’ tort recoveries. He was plaintiffs’ counsel in Levine v. United Healthcare, 402 F.3d 156 (3d Cir. 2005), a federal class action challenging reimbursement claims of ERISA-governed health plans. He was also appellate counsel in Wurtz v. The Rawlings Company, 761 F.3d (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims against their insureds, and was plaintiffs’ counsel in Taransky v. Sebelius, 760 F.3d 307 (3d Cir. 2014), a class action challenging Medicare’s claims for reimbursement out of tort recoveries. More recently Mr. Solomon was appellate counsel in Arnone v. Aetna, 860 F.3d 97 (2d Cir. 2017), a decision which subjected ERISA plan disability insurers to state anti-subrogation law. Prior to opening his own firm, Mr. Solomon’s practice included 20 years of litigating mass tort and individual personal injury claims on behalf of plaintiffs.

    Brett Newman
    Founder, Newman Settlement Services Group

    Brett Newman is known nationally by plaintiff attorneys for his expertise on claims avoidance and reduction. Recognizing the ever-growing nature of lien resolution and the ever-increasing associated liability, Brett established Newman Settlement Services Group to assist both individual claimants of personal injury lawsuits and mass tort claimants in the protection of their proceeds and government benefits. 

  • Telepsychiatry: Mitigating the Risks

    Telepsychiatry: Mitigating the Risks

    REGISTER

    Registration Includes

    • Nearly 90 minutes of insights from experienced professionals.
    • CLE credit: 1+ (subject to bar rules).
    • For CLE questions: CLE@LitigationConference.com
    • The complete Power Point presentation.
    • Continued access to the complete recording for later use.
    • Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers.

    Understand the risks associated with telepsychiatry and how to manage them. 

    Telemedicine has emerged as an important solution for healthcare in general and psychiatric medicine specifically during the current global pandemic. Remote access for sub-practices including addiction counseling have been commonly used. Our panel of psychiatric professionals who have served as expert witnesses and attorneys who counsel and represent physicians have prepared a 90-minute session to share insights with attorneys, physicians, healthcare providers, risk professionals, and more.

    Agenda

    • Examining procedures and best practices that exist for ensuring confidentiality in a telemedicine practice
    • How do you draft a telepsychiatric consent form?
    • What is the emerging standard of care for telemedicine?
    • Will the standard of care for telemedicine become a national standard? (Should it?)
    • Review the case law addressing telemedicine or telepsychiatry
    • How do the HIPAA regulations and HITECH privacy laws impact telemedicine?
    • How have the HIPAA regulations and HITECH privacy laws been relaxed during the pandemic?
    • Will the relaxed HIPAA and HITECH regulations impacting telemedicine continue past the pandemic?
    • Which technical platforms are preferred? Which ones to avoid?

    Panelists

    • Mark Levy, M.D., Medical Director at fpamed
    • David Kan, M.D., UCSF Psychiatry Department and the California Society for Substance Abuse Medicine
    • Ayesha Ashai, M.D., associated with fpamed
    • Stephen M. Fatum, J.D., Partner, Barnes & Thornburg LLP
    • Angela W. Russell, J.D., Partner, Wilson Elser Moskowitz Edelman & Dicker LLP

    Meet our physician and attorney panelists.

    Mark Levy MD
    Medical Director
    fpamed

    Dr. Levy is a graduate of Columbia College (A.B. 1967) and the Columbia University College of Physicians and Surgeons (M.D. 1971) in New York. He is a Physician and Surgeon licensed since 1972 by the State of California and the State of Hawaii since 2004.

    He is certified in Adult Psychiatry (1981) and Forensic Psychiatry (1999, 2009) by the American Board of Psychiatry and Neurology. In the past he has served as a Qualified Medical Examiner (“QME”) for the State of California (active status 1993-96, currently “inactive”). He is also a Psychoanalyst and a graduate of the San Francisco Psychoanalytic Institute.

    He is Assistant Clinical Professor, Psychiatry, School of Medicine, University of California, San Francisco where has been on the faculty since 1977 and , among other teaching activities, he lectures in the Law and Psychiatry Fellowship. He is also on the Faculty of the San Francisco Psychoanalytic Institute and is the Founder and former Chairman and President of the San Francisco Foundation for Psychoanalysis, a community service outreach organization.

    In January 2006 Dr. Levy established Forensic Psychiatric Associates Medical Corporation (fpamed.com) of which he is the medical director. In addition to consulting on a broad range of civil (and criminal) matters in which there are behavioral questions to be addressed by a forensic psychiatric expert, fpamed as a group specializes in assessing psychological injury claims of populations of litigants in mass tort or multi-plaintiff litigation.

    Mark Levy founded fpamed in 2006.

    More about Dr. Levy here …

    David Kan MD
    UCSF Psychiatry Dept. &
    Calif. Society for Substance Abuse Medicine

    Dr. Kan graduated from Northwestern University Medical School. He finished his General Psychiatry Residency and Forensic Psychiatry Fellowship at the University of California, San Francisco (UCSF). He is Board-certified by the American Board of Psychiatry and Neurology in General and Forensic Psychiatry and he is Board-Certified by the American Board of Addiction Medicine in Addiction Medicine. He is a member of the faculty at the UCSF Department of Psychiatry.

    Dr. Kan enjoys teaching, in addition to his direct work with patients. He has won multiple awards for teaching and clinical care delivery. Dr. Kan teaches and supervises psychiatrists-in-training in his role as faculty member at UCSF. Throughout the year, he speaks at professional conferences on topics including treatment of addictive disorder.

    Dr. Kan offers forensic consulting services to courts and attorneys in civil, criminal, and administrative matters. He has testified in multiple states, counties and federal court as an expert witness. He is a member of the American Academy of Psychiatry and the Law.

    Dr. Kan is an active member of the California Society of Addiction Medicine (CSAM). CSAM is a physician organization dedicated to improving the treatment of substance use disorders. Dr. Kan has planned conferences and spoken to many physician and non-physician groups. Dr. Kan is the current President of CSAM. Dr. Kan is a Distinguished Fellow of the American Society of Addiction Medicine (D.F.A.S.A.M.).  Dr. Kan has testified numerous times before the California Assembly and Senate on addiction treatment. Dr. Kan has testified before Congress advocating for expanding access to addiction treatment.

    More about Dr. Kan here …

    Ayesha Ashai MD
    Associated with
    fpamed

    Dr. Ayesha Ashai received her BA in Psychology and Spanish from University of Michigan in Ann Arbor. She went on to attend medical school at Wright State University Boonshoft School of Medicine in Dayton, Ohio. She completed her adult psychiatry residency at University of Maryland and Sheppard Enoch Pratt Hospital in Baltimore, Maryland, where she later served as the executive chief resident. After, she completed her forensic psychiatry fellowship under the leadership of Dr. Charles Scott at University of California, Davis in Sacramento, California.

    She is certified by the American Board of Psychiatry and Neurology in Psychiatry with added qualifications in Forensic Psychiatry. She has years of experience in the diagnosis and treatment of a broad range of psychiatric disorders in various settings including civil and forensic hospitals, emergency rooms, outpatient clinics, and jails.  She has specialized experience in working with patients who are Muslim, those with an Indian or Pakistani background, as well as Hispanic patients. She is licensed to practice medicine in California, Ohio, Pennsylvania, Illinois and Texas.

    Currently, Dr. Ashai works as a telepsychiatrist in two outpatient mental health clinics in Ohio and Illinois. She also provides treatment for offenders incarcerated at the Winnebago County Jail and offenders with a serious mental illness that are released from incarceration as part of a therapeutic intervention program. In 2013, she was awarded the Dr. George U. Balis Award for Excellence in Medical Student Education for her work with medical students. She will soon be joining University of Illinois- Chicago as a volunteer clinical faculty member.

    Dr. Ashai has been an independent contractor with fpamed since 2020.

    More about Ayesha Ashai M.D. here …

    Stephen M. Fatum
    Partner
    Barnes & Thornburg LLP

    Stephen Fatum advises on healthcare industry-related matters for physicians, physician organizations and nonprofit entities. Stephen’s decade of in-house experience for large organizations helps him counsel clients about practical strategies to achieve their goals. His style of negotiation relies upon listening, understanding, respect, identifying common ground, appealing to collective self-interests, collaboration and creativity.

    Stephen has counseled senior management and members of the boards of directors of medical groups, associations, hospitals, and health systems regarding governance structures, bylaws, operating agreements, mergers and acquisitions, reimbursement, compensation plans, joint ventures and federal and state regulatory compliance. Notably, Stephen is the former general counsel of Advocate Medical Group, S.C., which at the time was a multispecialty medical group of 270 physicians practicing in the suburbs of Chicago. Before holding this position, he served as general counsel of the Lutheran General Medical Group, S.C. He also acted as assistant general counsel of Lutheran General HealthSystem when it combined with another health system to form Advocate Health Care.

    Having worked in-house as general counsel for healthcare organizations and volunteered for five years as the board chair of a large mental health agency, Stephen has worked closely with board chairs, CEOs, COOs, CFOs, CSOs, CMOs, and numerous other chief executives. He understands the business perspective and multidimensional challenges and financial pressures facing physicians and executives who lead health systems, medical groups, not for profit organizations and physician organizations.

    Read more about Stephen Fatum here …

    On Demand Registration

    Angela Russell Telepsychiatry Standards & Practices COVID 19

    Angela W. Russell
    Partner
    Wilson Elser Moskowitz Edelman & Dicker LLP

    Angela Russell is the regional managing partner of the Baltimore office and chair of the firm’s Diversity Committee. She has significant trial experience and has tried cases in the District of Columbia and across the state of Maryland. Her practice encompasses the defense of professional liability matters, including medical malpractice and legal malpractice actions in addition to claims against agents, brokers and other professionals. Angela regularly handles and supervises general casualty matters for insurers and self-insured entities on premises liability claims, security matters, hospitality cases and recreational defense claims. Angela is also frequently called on to handle toxic tort matters.

    Angela possesses an innate ability to connect with her clients, identify their needs and communicate effectively throughout the litigation cycle. Her rapport in the courtroom is equally impressive. An aggressive litigator, Angela is adept at tapping the persistence, preparation and training she gained early on in a variety of public speaking engagements and tackling two marathons. Angela worked at prominent defense firms in Minnesota and Washington, DC, prior to joining Wilson Elser.

    Professional Distinctions
    Angela is the former co-chairperson of the Civil Jury Instructions Committee for the Bar Association for the District of Columbia as well as a former adjunct professor at William Mitchell College of Law in St. Paul, MN.

    Read more about Angela Russell here …

  • Maximizing Insurance as Climate Change Intensifies

    Maximizing Insurance as Climate Change Intensifies

    HB presents an Anderson Kill webinar on-demand

    MAXIMIZING INSURANCE RECOVERY AS

    CLIMATE CHANGE INTENSIFIES

    As weather-induced disasters continue to intensify, maximizing insurance coverage after major storms, floods, wildfires, and other natural cataclysms is an essential survival skill for any business.

    In this session, attorneys who have successfully litigated property, business interruption and contingent business interruption claims from Hurricanes Katrina through Ida, along with wildfire and other major disaster claims, walk participants through all phases of insurance recovery, from buying the right policies to pursuing claims with persistence and awareness of pitfalls, to litigating successfully when necessary. Specific lessons from Hurricanes Sandy (2012), Harvey (2017) and Maria and Irma (2020) will be addressed.

    Topics:

    • Developing a pre-storm preparedness plan, including mitigation efforts, assembly of a claims team, and insurance coverage review;
    • Moving quickly to protect property from further damage, performing all emergency repairs, and documenting all losses in detail;
    • Preparing and presenting well-supported property damage claims;
    • Recognizing and including business interruption losses and extra expense outlays;
    • Highlighting policy interpretation issues that affect the scope of available coverage;
    • Outlining strategies for pursuing claims and incentivizing the insurance company to resolve them with due speed.

    On-Demand Registration

    Includes

    • 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. CLE questions?
    • Insights from experienced professionals.
    • The complete PowerPoint presentation.
    • Continued access to the complete recording for later use.
    • Answers to your questions via email to the presenters, or write to HB.

    Meet the Panel

    Finley Harckham
    Anderson Kill

    Finley is a senior litigation shareholder in the New York office of Anderson Kill and serves on
    the firm’s Executive Committee. Finley regularly represents and advises corporate policyholders and
    other entities in insurance coverage matters. He has successfully litigated, arbitrated and settled
    hundreds of complex coverage claims. His areas of particular focus include property loss, environmental,
    business interruption, directors and officers liability, construction, professional liability, aviation liability,
    cyber and general liability claims.

    Finley also has extensive experience in the field of international arbitration. His arbitration clients
    include government contractors, consumer products companies and manufacturers which Anderson Kill
    has represented in a wide range of disputes involving, among other things, service contracts, the
    purchase and sale of components, raw materials and products, and licensing agreements. He has
    successfully prosecuted and defended arbitrations in European countries and the United States under
    the London Arbitration Act, and the AAA, ICC and UNCITRAL arbitration rules.

    More about Finley

    Rhonda D. Orin
    Anderson Kill

    Rhonda is the managing partner of the firm’s Washington, D.C. office. She is also co-chair of the COVID Task Group. Rhonda represents policyholders in coverage cases nationwide, including cyber liability, third-party tort and environmental liability claims, first-party property damage and business interruption claims, directors & officers liability, errors & omissions liability, fidelity bonds and alternative risk transfer arrangements, including for employee benefit plans.

    She has served as lead counsel in multiple jury and bench trials, argued before the highest courts of several states, and appeared in two cases before U.S. Supreme Court. Through jury verdicts, summary judgment decisions and confidential settlements before and during litigation, she has recovered hundreds of millions of dollars for policyholders, including nine-figure recoveries.

    More about Rhonda

    Dennis J. Artese
    Anderson Kill

    Dennis is a shareholder in the New York office of Anderson Kill. He is also co-chair of the firm’s Construction Industry practice group and a member of the COVID Task group. Dennis’ national practice concentrates on all types of insurance recovery litigation, with an emphasis on securing insurance coverage for construction-related first-party property losses and third-party liability claims as well as for property and business interruption losses stemming from natural disasters and other perils.

    Dennis has substantial experience in all phases of litigation, arbitration and property insurance appraisals, and has recovered hundreds of millions of dollars of insurance proceeds on behalf of policyholders in connection with a variety of property, builder’s risk, commercial general liability, umbrella and excess liability, D&O, E&O, crime, and political risk insurance claims. Dennis also has extensive experience in litigating insurance broker malpractice cases and other general commercial litigation disputes, including construction-related disputes. Dennis has been recognized by Super Lawyers for Insurance Coverage since 2012. He also has been recognized by Legal 500 for Insurance Advice to Policyholders and singled out as being a “superb lawyer and subject-matter expert.”

    More about Dennis

    Ronald Papa
    National Fire Adjustment Co.

    Ronald has been instrumental in NFA’s growth for more than 30 years. He has successfully adjusted more than 2,000 insurance losses working for a wide range of clients. Ron earned the prestigious designation of Senior Professional Public Adjuster and is accredited by the National Association of Public Insurance Adjusters (NAPIA), of which he is past president.

    He was named Person of the Year by NAPIA for “outstanding leadership” and recently addressed the National Symposium of Insurance Commissioners at their conference in Florida. Ron is approved as an instructor by numerous State Insurance Departments, the New York State Bar Association, and the Society of CPAs. He graduated from Niagara University.

    More about Ronald

    On Demand Registration

  • The Commercial Drone Industry: Privacy, Security, Threats, and Mitigation of Risk

    The Commercial Drone Industry: Privacy, Security, Threats, and Mitigation of Risk

    HB presents a CLE-eligible webinar
    Now on-demand at the West LegalEdcenter
    THE COMMERCIAL DRONE INDUSTRY
    Privacy, Security, Threats, and Mitigation of Risk

    Drones have become an increasingly valuable tool for businesses of all types and sizes.

    Drones are already being used in many applications, but more will certainly arise as the technology advances. This means that certain risks, like cyber threats, will also continue to present themselves. Protecting the transmission and storage of data collected through drones is critical.

    Unfortunately, security usually comes as an afterthought. The drone industry is part of the aviation industry, which, based on its knowledge, keeps safety as a number one concern. Part of that safety is having proper protection for your systems, including security as a fundamental design principle.

    Take this webinar to gain insights on the topics listed below, and shared by an attorney who practices on the cutting-edge of this evolving technology.

    Topics:

    • Defining drones.
    • Current and future applications.
    • FAA Modernization and Reform Act of 2012.
    • FAA Part 107 Regulations and waivers.
    • Resources, e.g. the FAA Drone Zone and LAANC Portal.
    • Penalties for violations.
    • Privacy implications.
    • Drones as weapons.
    • Vulnerability to cyber attacks.

    Take it now!

    What you get:

    1+ CLE credits (subject to bar rules).

    Insights from an experienced professional who specializes in this area of the law.

    The complete PowerPoint presentation.

    Continued access to the complete recording for later use.

    Answers to your questions.

    Fee:

    No additional charge to subscribers to the West LegalEdcenter.

    Non-subscribers may take the course for $170.

    Meet the Speaker

    Kathryn Rattigan
    Robinson & Cole LLP

    Kathryn Rattigan is a member of the firm’s Business Litigation Group and Data Privacy + Cybersecurity Team. She advises clients on data privacy and security, cybersecurity, and compliance with related state and federal laws. She assists clients in assessing risks related to technology and software contracts, as well as with compliance-related issues with outsourcing and vendor management. She represents clients across all industries, such as manufacturing, insurance, health care, education, energy, and construction.

    Kathryn helps clients comply with all state and federal regulations related to data privacy and cybersecurity. She is also a member of the firm’s Drone Compliance Team. As such, she advises clients on all legal issues surrounding the use of commercial drones, including navigation of Federal Aviation Administration regulations, commercial registration requirements, and Part 107 waivers.

    She is committed to doing pro bono work and being involved in the community. Her recent efforts include assisting Inner Explorer, a non-profit which works to help students focus and succeed through mindfulness practice in the classroom, and College Visions, which helps low-income students pursue a college education.

    She writes for two of the firm’s blogs, Data Privacy + Security Insider and Health Law Diagnosis.

    More about Kathryn

    Also, listen to my interview with Kathryn for the the Emerging Litigation Podcast!

    –Tom Hagy