Category: Featured On-Demand

  • 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

  • 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 …

  • 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

  • The Intersection of Privacy and Antitrust Webinar Now Available On-Demand on the West LegalEdcenter

    Available as part of your subscription to
    The Thomson Reuters West LegalEdcenter®.

    Don’t subscribe to the West LegalEdcenter?
    This webinar is still available directly from HB. Take it now!

    Questions for speakers
    Questions@LitigationConferences.com

    CLE questions
    CLE@LitigationConferences.com

    Check out the MoginRubin blog for more insights on antitrust and privacy law.

    What attorneys and companies need to know about the increasing interplay between these critical areas of the law. 

    Highly publicized cases and investigations in the U.S. and Europe of big technology, e-commerce, and social media companies demonstrate how anti-competition laws are being used to scrutinize and challenge not only how these corporations conduct themselves in the marketplace, but the very core of their colossal success: the mass collection and utilization of user data.

    Are the privacy and antitrust worlds beginning to cross over? Or do they simply run parallel while addressing entirely different types of conduct? Whatever the answer, data is the raw material that drives the likes of Google, Facebook, Apple and Amazon, so how it is handled is a critical question when counseling clients on mergers and acquisitions.

    Moderator
    Daniel J.  Mogin | Managing Partner, MoginRubin LLP

    Speakers
    Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP
    Thomas N. Dahdouh | Director, Western Region, Federal Trade Commission
    Franklin M. Rubinstein | Partner, Wilson Sonsini Goodrich & Rosati
    Randi W. Singer, CIPP/US, CIPT | Partner, Weil, Gotshal & Manges

    Contributor
    Dina Srinivasan | 
    Independent Researcher & Author of The Antitrust Case Against Facebook
    Dina was unable to present but we thank her for her content contributions. 

    Agenda

    • Who should regulate privacy violations in the U.S.?
    • Which antitrust issues implicate privacy concerns?
    • What role does machine learning play on the competitive landscape?
    • What is big data really? How is it different from “data”?
    • What are the elements of effective merger reviews?
    • What are the appropriate remedies?
    • What are “notice-and-choice” versus “harms-based” approaches?
    • Plus answers to your questions. Send them to Questions@LitigationConferences.com.