Monthly Archives: November 2011

Join me for IQPC’s Cyber-Risk & Data Breach Management Summit

Are you looking for a conference discussing cyber risk and data breach management issues?  Do you want to network with industry insiders, compare products and strategies, and to learn valuable information on potential cyber risks and liabilities?  If you do, then you’ll want to join me at the IQPC Cyber-Risk & Data Breach Management Summit on November 30-December 2, 2011.

Here are the introductory details:

Managing the Risk and Impact of Data Breaches without Disrupting Business Innovation and Growth

Virtually every business today is facing cyber risks, ranging from the loss of information on a single laptop to disruption of its entire business due to a data center outage or attack. In today’s information economy, the protection of data is a key element in the long-term competitiveness and survival of commercial organizations. Whether faced by a regulatory investigation or litigation stemming from a data breach organizations have understand and address the cyber risks they continually face and exercise due care in implementing policies to protect their business and comply with regulations. Effective cyber security depends on coordinated, integrated preparations for responding to and recovering from, a range of possible cyber attacks. The best approach to information security incorporates risk management as part of the firm’s overall strategy and objectives.

This conference will provide an innovative and fresh eye to traditional cyber security processes and tools, and will present ideas and real-life examples that you can apply to your organization’s risk management programs. Furthermore, this conference will highlight how cyber risk insurance can protect your company in the event it suffers a breach and mitigate your risk.

* * *

NOVEMBER 30 – DECEMBER 2, 2011 | SENTRY CENTER, NEW YORK, NY

My panel will be on December 2, at 9:45 am:

Lessons from the Latest Litigation and Enforcement Actions Resulting from a Breach

This session will examine case studies based on recent litigation as a result of data breach incidents that will help you learn to recognize the potential weaknesses that present themselves prior to an account data
compromise. You will learn the most up-to-date detection and prevention practices your organization can implement to prevent a potentially damaging breach from occurring.

Interested in attending?  [ Register Now ]

Update:  If you’d like to attend, and would like a huge discount (seriously huge, way bigger than your typical cyber Monday discounts), let me know ASAP, and I’ll put you in touch with the organizer.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2011.

Note:  as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

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Join me for American Conference Institute’s 22nd National Advanced Forum on Bad Faith Litigation

Are you looking for a conference discussing bad faith, extracontractual liability, and other ways of obtaining damages beyond policy limits for insurer misconduct?  Of course you are.  Then you’ll want to join me in Orlando, Florida from November 30-December 1, 2011 for American Conference Institute’s 22nd National Advanced Forum on Bad Faith Litigation.

Here are the details from ACI’s website:

The essential forum that shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel and claims examiners in the insurance industry

Wednesday, November 30 to Thursday, December 01, 2011
Hyatt Regency Grand Cypress, Orlando, FL

Bad Faith Litigation returns for its 22nd installment led by a multi-disciplinary, cross-country faculty from both sides of the issue, including seasoned in-house counsel, top law fi rms and renowned jurists.

Bad Faith is continuously an area of the law that generates a significant amount of costly litigation, as the courts continue to hand down crippling verdicts. Now is the time to start preparing how to recognize the signs of a bad faith set-up and properly investigating the claims as they are presented. As the hot bed states spearhead their way toward statutory bad faith laws, litigators must be well equipped in how to defend against, and bring, a bad faith claim.

An annual tradition, American Conference Institute is proud to bring you its 22nd National Advanced Forum on Bad Faith Litigation. This conference has been fully revised and updated to account for new developments and designed to bring winning litigation strategies to even the most experienced bad faith litigators. Our expert faculty will provide effective tactics and insights from both the insurers and the policyholders. Featuring:

Insurers In-house roundtable: this specialized in-house panel will focus on 1) best practices in claims investigation and decisions; 2) settling bad faith claims before a suit is filed; 3) special issues in the life, health & disability arena; 4) dealing with your insured and much more

Viewpoints from the Policyholders Bar: with a session focused on the policyholders bar, as well as policyholder counsel point of view mixed into multiple sessions, don’t miss the chance to hear what key actions (or inactions) could lead your client into litigation.

Discussions with distinguished jurists: this session will provide attendees with highly sought after insight on effective theories and evidentiary issues, from those that have presided over bad faith suits.

Narrowly tailored panel sessions: our narrowly tailored, comprehensive panels will shed light on the most effective ways to manage discovery, recognize bad faith set-ups, properly investigate a claim, understand attorney-client privileges and work products protections, and establish successful pre-trial strategies.

This conference will provide you with the most up-to-date information and strategies on how to get the best result for your client. This is the event the industry relies on to get practical strategies for resolving coverage disputes, mitigating risk and gaining the upper hand in bad faith lawsuits.

Plus, add an extra benefit to your attendance by also registering for the Pre and Post state specific conference workshops: A. Current Events in Bad Faith: Gulf States

Post conference concurrent workshops on Bad Faith HotbedsB. FloridaC. California D. New Jersey

My panel is titled:  “Discovery: Limiting Its Scope, Responding Efficiently to Expansive Orders, Protecting Privilege, Preparing Company Witnesses for Depositions and More.”  Of course, I will not be talking about any of those things.  I will be talking about discovery from the policyholder’s and corporate insured’s perspective.  I’ll discuss how to get discovery from insurance companies, how to discover documents during a bad faith insurance coverage action, how to get an insurance company to produce documents, the role of privilege (if any) for the insurance companies when dealing with a bad faith claim, discovery of reinsurance documents, discovery of reserve documents, discovery of claims manuals, and more.

My co-panelists are:

Charles Ehrlich

SVP and Worldwide Special Counsel

RiverStone resources/TIG Insurance Company

Scott Godes

[formerly] Counsel

Dickstein Shapiro LLP

Gregory D. Miller

Director

Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, P.C.

Michael Newman

Partner

Barger & Wolen

Our topics include:

Depositions, Interrogatories and Other Production Issues

• Having a reason for discovery

• Making the cost-benefiit decision

• Budgeting up front

• Preparing the adjuster or company executive for their deposition

– Understanding the “fear factor”

– The special problems of video depositions

• Proprietary files – can the insured get these files to support a bad faith claim?

– Manuals and guidelines

– Other insureds, policies and claims.

– Reinsurance and reserve information.

• Interrogatories: Knowing what questions to ask

• Requests for admission – the neglected tool

• Dealing with expansive discovery orders and overly broad litigation holds

– Avoiding the knee jerk reaction

• Limiting the extent of pattern and practice discovery

Privilege

• Invoking privilege

• Consequences of when company “anticipated litigation”

• Counsel’s involvement in adjustment process.

• Relying on advice of counsel in defending against bad faith

E-Discovery

• Managing the explosion of ESI

• Understanding your obligations and the consequences of failing to preserve ESI

• Creating an internal process to successfully meet e-discovery obligations

• Methods to successfully limit production of ESI

• Learning the technical stuff

• Understanding the process of organization and being able to explain it

• Educating the court

Costs

• Minimizing discovery costs

– Planning, planning, planning; Non-waiver agreements;

“Eyes-only” agreements; Voluntary/private special master;

Avoiding discovery disputes


Interested in attending?  Click here:
Register Now

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2011.

Note:  as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

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Corporate Insurance Blog is one of the Top Insurance Blogs for 2011!

LexisNexis Insurance Law Community 2011 Top Blogs of the Year
I’m excited to let you know that the Corporate Insurance Blog has been listed as one of the Top Insurance Blogs for 2011.  It is an honor to be on the list.  Thanks very much to my friends at Lexis for the honor and the award.

Here, in relevant part,  is how Lexis described the process:

After some very careful review and a great deal of deliberation, the LexisNexis Insurance Law Community has selected its Top Insurance Blogs for 2011.

We’d like to express gratitude to our Community members for your comments and suggestions. All of you submitted many of the new names on the 2011 Top Blogslist and we thank you for infusing fresh talent into our Community. We also want to especially thank the LexisNexis Insurance Law Advisory Board for giving us their input.

These top blogs offer some of the best writing out there. They contain a wealth of information for all segments of the insurance industry, and include timely news items, expert analysis, practice tips, frequent postings and helpful links to other sites and sources.

These sites demonstrate the power of the blogsphere, by providing a collective example of how bloggers can—and do—impact and influence the law and the business of insurance.

Many thanks to my friends at Lexis for the recognition, kind words, and the award.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2011.