Category Archives: Contract drafting

Join me for the ABA Insurance Coverage Litigation Committee’s 2013 Annual CLE Seminar in Tucson, Arizona!

Tucson skyline and Catalina Mountains at duskWinter got you down?  Want to get away to someplace warm and dry?  Do you want to learn about insurance coverage, mingle with insurance coverage practitioners, and get continuing legal education (CLE) credits while you are enjoying the weather?  Of course you do.  Insurance coverage is crucial at any time, and you know that insurance coverage during the economic downturn is essential.  And if you are an attorney licensed in a jurisdiction that requires CLE credits, aren’t you always on the lookout for high quality legal education seminars that will help you meet your CLE annual requirements?

If you said yes to any of those questions, then you’ll want to join me in Tucson, Arizona at the Loews Ventana Canyon Resort for the ABA’s 2013 Insurance Coverage Litigation Committee (ICLC) CLE seminar, from February 28 through March 2, 2013 in Tucson, Arizona.

Here’s what the ABA ICLC says about the seminar:

Please join the nation’s top insurance and policyholders’ counsel and other industry leaders at the Insurance Coverage Litigation Committee’s 25th Anniversary CLE Seminar at the Loews Ventana Canyon Resort in Tucson, Arizona starting on February 28 through March 2, 2013. This year’s program will feature high-quality presentations and valuable networking opportunities as prior ICLC programs. Our program chairs Suzan Charlton and Rahul Karnani and vice chairs, Anna Torres and Jim Cooper have put together a great program touching on multiple hot topics that are sure to touch upon your practice, and cutting edge trial techniques. Please look for the brochure shortly and be sure to reserve you room quickly.  If you missed last year’s meeting, you will certainly enjoy the amenities at the Loews including its hiking trails, pool side bar and restaurant, spa and golf course.  We look forward to seeing you in Tucson.

You ABA Section of Litigation Insurance Coverage Litigation Co-Chairs,

Ronald L. Kammer and Sherilyn Pastor

I will be speaking at a roundtable discussion about cyber legislation and regulation, and insurance coverage for those issues.  Will we discuss issues such as the Securities and Exchange Commission’s (SEC) Corporation Finance’s Disclosure Guidance Topic No. 2, Cybersecurity and insurance coverage in light of that guidance?  Come to the session and find out!:

Friday, March 1, 2013
12:35 pm – 2:00 pm

Cyber Legislation and Regulation: The Full Employment for Lawyers Acts.

Speakers:

Scott N. Godes

Rick Bortnick

Elissa Doroff

Interested in attending?  Then head on over to the ABA’s website to register.  If you’re looking for the reservations page for the event on the Loews Ventana Canyon hotel website, you can find it by clicking here.

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. 2013.

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My Co-Authored Chapter, “Helping Clients Evaluate Their Cyber Risks” Just Published In “Understanding Developments in Cyberspace Law, 2012 ed.”!

I’m happy to announce that the chapter that I co-authored with Mike Tomasulo, who practices intellectual property law in our firm‘s Los Angeles office, was published in “Understanding Developments in Cyberspace Law, 2012 ed.: Leading Lawyers on Analyzing Recent Trends, Case Laws, and Legal Strategies Affecting the Internet Landscape (Inside the Minds) New Edition.”

Here is a brief overview of what’s in the book, Understanding Developments in Cyberspace Law, 2012 ed.: Leading Lawyers on Analyzing Recent Trends, Case Laws, and Legal Strategies Affecting the Internet Landscape (Inside the Minds) New Edition:
This Aspatore legal title provides an authoritative, insider’s perspective on recent cases and legislation that are influencing the Internet. Written by partners from some of the nation’s leading law firms, this book examines current issues such as privacy, intellectual property, and data security. From mobile commerce to social media, these experts analyze the ways in which cyberspace demands new legal perspectives. In addition, these top lawyers discuss e-discovery issues and the best methods for helping clients protect themselves in a rapidly growing electronic environment.
For more information on the entire book, please check out the Summary of Contents.
Here is an excerpt from the introduction to our chapter:

Due to the increasing implementation of connected computer systems, courts and legislators around the world are creating Internet law, also known as cyber law, on a daily basis. . . .  Among many issues in cyber law, property rights are one of the most conceptually challenging issues that attorneys must assist their clients with. . . .

The chapter  discusses multiple cyber-related topics, including:

I.  Trends in Cyberspace Law

II.  Legislation and Rulings Impacting Cyber Law Issues

III.  The Intersection of Insurance and Cyber Risks

IV.  Patent Issues and Litigation in Cyberspace 

V.  Contracting in Cyberspace Media 

VI.  Understanding Cyber Law in Other Jurisdictions 

We conclude the chapter with some key takeaways for companies facing these risks.
Here are more details about the book, click here.  Ordering information is below:
ISBN-13: 9780314285249
Last Updated: 6/29/2012
Availability: In Stock
List Price:
$90.00

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. 2012.

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Harsco Litigation Counsel Joins the Faculty for the Additional Insured and Indemnification Issues Conference – May 11, 2012 in New York City.

I am happy to announce that we have added some terrific panelists and speakers to the Additional Insured and Indemnification Issues Conference on May 11, 2012 in New York City, hosted by my good friends at HB Litigation Conferences.  Here’s the update from HB:

Samuel Romaninsky, Senior Litigation Counsel for Harsco Corporation – a multinational industrial company based in Camp Hill, PA – will speak on HB’s Additional Insured and Indemnification Issues Conference on May 11, 2012, in New York. Mr. Romaninsky joins a panel discussing “Practical and Strategic Differences Between Contractual Indemnification and Additional Insured Coverage,” along with attorneys Carrie Raver of Barnes & Thornburg LLP, Yale Glazer of Lazare Potter & Giacovas LLP, and Christopher Murray, Claims Counsel in the Construction Risk Management Group at Chartis.

Harsco provides products and services to a variety of industries, including the construction, steel, and rail industries. Harsco’s diverse business lines give rise to a wide array of legal issues related to coverage as an additional insured and under wrap up policies and defense and indemnity obligations. Before joining Harsco, Mr. Romaninsky worked in private practice in Washington, DC.

HB’s Additional Insured and Indemnification Issues Conference will be held May 11, 2012 at Thomson Hall, 195 Broadway, New York, NY 10007, and will also be available via live webcast. The seminar is chaired byTimothy E. Delahunt, a partner at Kenney Shelton Liptak Nowak LLP and Scott Godes, [formerly] counsel at Dickstein Shapiro LLP.

For registration or additional information, contact Brownie Bokelman at 484-324-2755 x212.

Follow conference updates on LinkedIn Events.

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. 2012.

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

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Samantha Drake quotes me in her article, “Indemnification Agreements: Who Benefits From Your Coverage?”


In her article, Indemnification Agreements: Who Benefits From Your Coverage?, author Samantha Drake writes about insurance coverage, indemnity agreements, and additional insureds.

The article opens:

Shifting financial liability through contractual apportionment of risk is nothing new. But issues such as the scope of indemnity, choice of law and naming additional insureds adds so many potential wrinkles to an already complex area in which attorneys must be sure to do their homework.

The article discusses the points raised in a “recent panel entitled ‘Additional Insured Issues and Indemnification Agreements'” in which I spoke, “along with Timothy E. Delahunt, of Kenney Shelton Liptak Nowak LLP and Adam M. Shienvold, of Eckert Seamans Cherin & Mellott LLP. HB Litigation Conferences produced the panel.”  Ms. Drake quoted me in the article, writing:

Indemnification agreements are “something with which people have a lot of familiarity, at least in concept, but in terms of practice the law has a lot of variations,” said Scott Godes [formerly] of Dickstein Shapiro LLP.

Ms. Drake also noted my discussions of exceptions to exclusions within insurance policies for contractual liability, including exceptions for insured contracts.  She also provided an overview of the supplementary payments clause found in commercial general liability insurance policies (CGL policies).

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Indemnification Agreements: Who Benefits From Your Coverage? to read the entire article.

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. 2012.

Join me at the 2012 NetDiligence® Cyber Risk & Privacy Liability Forum.

My good friends at HB Litigation Conferences present:

NetDiligence® Cyber Risk & Privacy Liability Forum
June 4-5, 2012| Hyatt at the Bellevue, Philadelphia, PA

I’ll be a speaker on a panel discussing the “State of the Cyber Nation – Cases, Theories, and Damages”:

State of the Cyber Nation – Cases, Theories, and Damages
•Is actual harm still needed?
•Statutory framework – CMIA litigation, Video Protection Privacy Act, and the Driver’s Privacy Protection Act
•Notable recent cases and their impact
•Current theories of liability and claims alleged
•How to present damages in this era
•How to minimize the chance of litigation after a breach and settlement opportunities
•More sophisticated defenses
•Identity Theft Restoration Act-suing hackers?  How federal courts may change the game
•Medical disclosure cases and how they fit into the mix
•Developments in insurance coverage for cyber and privacy risks

Theodore Kobus III, Esq., Baker & Hostetler LLP (Moderator)
John Mullen Sr., Esq., Nelson Levine de Luca & Horst, LLC
Scott Godes, Esq, [formerly] Dickstein Shapiro
Jamie Sheller, Esq.
, Sheller P.C.
Mark Camillo, Chartis Insurance
Ben Barnow, Esq., Barnow & Associates, P.C.

Take a look at the full agenda by clicking here.  And you can register online by clicking here.

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 was not charged a fee to attend the remainder of the conference.
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Join me for the IRMI Cyber & Privacy Risk Conference.

IRMI Cyber & Privacy Risk Conference.  Mark your calendar to join us in Baltimore, MD on May 16-17, 2012.

Noted cybersecurity, homeland and national security expert Richard A. Clarke will deliver the keynote address.

Discussing the last IRMI Cyber & Privacy Risk Conference, IRMI notes:

This past July in San Francisco, 100 risk managers, underwriters, agents and brokers attended the first IRMI Cyber & Privacy Risk Conference.

These industry thought leaders came away with a greatly improved understanding of how to identify, contractually transfer, and insure liability risks arising from the use of technology and the Internet in business. Many networking opportunities were provided to build relationships with leaders in cyber and privacy risk management and insurance.

My session will be:

Wednesday, May 16, 10:45 a.m. – 12:15 p.m.

The Cyber Risk Regulatory and Legal HorizonAs the web of laws and regulatory requirements increases, managing the risks of cyber security becomes even more challenging. On top of the multitude of state laws, the SEC recently released reporting requirements and Congress is set to take up a number of bills during 2012. This workshop will provide an overview the range of laws and regulations in place and explore the new legislative developments affecting cyber insurance and risks, as well as the reporting requirements issued recently by the SEC.

Panelists:

  • Scott N. Godes, Counsel in the Insurance Coverage Practice, [formerly] Dickstein Shapiro LLP
  • Jacob Olcott, Principal, Cybersecurity, Good Harbor Consulting, LLC
  • Tim Stapleton, Assistant Vice President and Professional Liability Product Manager, Zurich North America
  • Other Panelists To Be Announced

Interested in attending?  Then head on over to the RIMS 2012 website to register.

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. 2012.

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

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Join me for the Additional Insured and Indemnification Issues Conference – May 11, 2012 in New York City.

Is your company an additional insured under another company’s insurance policies? Does your company issue certificates of insurance? Do you deal with indemnity agreements? Do you know whether indemnity agreements are covered by insurance? Would you like to learn the answers to these questions? Of course you would.

You’d like to hear about this from a commercial litigator and insurance coverage attorneys, wouldn’t you?

Plus, you’d like CLE credit for listening, including CLE ethics credit, wouldn’t you?

Well, say no more!

If you’re looking for all of that and more, organized and hosted by my good friends at HB Litigation Conferences, please join me for the Additional Insured and Indemnification Issues Conference: Other People’s Money Conference, as detailed by HB:

HB Litigation Conferences is pleased to announce the Additional Insured and Indemnification Issues Conference: Other People’s Money will be held Friday, May 11, 2012, at Thomson Hall in New York. The seminar is chaired by Timothy E. Delahunt, a partner at Kenney Shelton Liptak Nowak LLP and Scott Godes, [formerly] counsel at Dickstein Shapiro LLP.

The recently released Additional Insured and Indemnification Issues Conference agenda features sessions on Triggering The Duty To Defend Under Additional Insured Coverage; Scope Of The Duty To Indemnify Under Additional Insured Endorsements; Priority Of Coverage Where Additional Insured Coverage Exists; Practical And Strategic Differences Between Contractual Indemnification And Additional Insured Coverage; Ethical Considerations Particular To Additional Insured Coverage: Conflicts, Privilege And Confidentiality.

The event is sponsored by Dickstein Shapiro LLP. For additional sponsorship opportunities, contact Jeanne Billings at 484-580-8241 or jeanne.billings@litigationconferences.com.

Early bird registration – $100 off – is available through February 24, 2012. HB offers complimentary registrations* to in-house counsel and 50% off registrations* for their teams of outside counsel. Space is limited so register ASAP.

For additional information or to register, contact Brownie Bokelman at 484-324-2755 x212 or brownie.bokelman@litigationconferences.com.

*Discounts valid on new registrations only and cannot be combined with any other offer. Space is limited for in-house counsel complimentary registrations and 50% off discounted registrations for outside counsel. One complimentary registration per company.

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. 2012.

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

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