Diversity & Inclusion 2022: A Framework for Effectiveness

Type: The Gavel National Conference VII
Description: We are a nation and society growing in diversity. The success of our organizations depends on our ability to manage and leverage the inherent differences in our teams. Predictably, Diversity & Inclusion (D&I) is at the forefront of every business and insurer’s priorities. As one example, D&I is a key evaluation and selection criterion for panel counsel consideration. This session will examine effective initiatives, policies and programs that build and support the success of a diverse workforce.  It will provide a framework for achieving D&I from a written strategic plan, formation of committees, affinity groups, a supplier diversity program, mentor programs, recruitment and retention practices and strategies, social media campaigns, training curricula, and reporting demographics.   We will highlight case studies of law firms with successful initiatives.  We will also examine the insurance carrier’s perspective on advancements and requirements from panel firm partners. 

The session will be presented by Janine Menendez-Aponte, Esq., Director of Strategic Mentoring and Training at Luks and Santaniello, LLC., Janell Wade, Manager, Risk Management Operations at Avalon Bay Communities, Inc., and guest commentary from Dorsey Miller, Esq., and the Association of Diverse Abitrators & Mediators (ADAAM)
Location: Ocean Reef Club, Key Largo, FL
Date: January, 2023

ABA MDS Summit

Type: Conference
Description: Hosted by the ABA Commission on Racial and Ethnic Diversity in the Profession (CREDP) and the Association of Law Firm Diversity Professionals (ALFDP), The MDS Summit will bring together stakeholders and changemakers for a discussion on the importance of working together to elevate data collection and focus on how to use data to strengthen and increase diversity, equity, and inclusion (DEI) in the legal profession and highlight DEI data best practices.  It will provide a forum for a series of discussions on data collection and data use and how law firms and clients can work together on increasing diversity within the legal profession.  
Location: Minneapolis or virtually
Date: June 27, 2023

Cyber Risk Management and Business Continuity Plans (January, 2022)

Type: Panel Conference Presentation
Description:

Cyber risk has evolved with remote working, cloud and Fourth Industrial Revolution (4IR) technologies. The latter has accelerated opportunities for cyber attacks on businesses, law firms and insurers alike. The rise of cyber attacks has blurred the lines between information security to cyber risk encompassing the entire organization. Insurers are no longer just seeking information on whether and to what extent law firms presently maintain coverage for cyber insurance. Today they require and asses cyber liability policies, cloud management policies, business continuity plans and more. 

This session will help claims professionals formulate a proactive defense regarding organization internal policies and regulations, employee guidelines in protecting information, user access control and physical security and working from home. It will delve into internal employee training on how to identify fishing emails and report malware.  Business Continuity Plans facilitate the resumption of critical operations, functions, and technology in a timely and organized manner to ensure a viable and stable organization, and protect the firm’s reputation.  The session will provide tools for claims professionals and insurers for understanding all aspects of cyber risk management and components of business continuity plans to protect against increased exposure. 
Location: Palm Beach Gardens, FL.
Date: January 18, 2022

The Weaponized Jury – Kill or be Killed (January, 2023)

Type: Panel Conference Presentation
Description:

Times are changing and so is our jury pool. The voir dire methods of yesterday fail to address today’s reality that we are a nation growing in diversity and our society’s ideals are shifting. Social inflation is at an all-time high amidst increasing erosion in corporate trust, the rise of third party litigation funding, a wave of populism, and evolving views of social responsibility, among other factors that are contributing to the public’s desensitization to “nuclear verdicts.” The plaintiff’s bar, speaking “for the people,” is using this paradigm shift to their advantage by weaponizing the jury against the defendant. How are you responding?

This panel discussion features experienced trial counsel who will take a deep dive into the myriad ways opposing counsel is arming the jury to attack your defense. The panel will explore effective strategies to combat these tactics and reduce the overall implicit bias towards defendants. The presenters will highlight recent trial case studies, consider opposing counsel’s approach and examine successful defense strategies to speak “to the people” in a manner sensitive to our changing world. The panel will also share suitable objections to overcome plaintiff’s tactics, and highlight key considerations for corporate defendants facing sensitive damages issues, including catastrophic damages that will advance the defendant’s overall case presentation speaking to the jury from panel to verdict.

Location: Key Largo, FL.
Date: January 16, 2023

Medicare Compliance Webinar

Type: Webinar
Description: The webinar will contribute to an adjuster’s understanding of the specific areas, rules, risks and penalties (42 U.S.C. § 1395y(b)(3)(A)) of Medicare compliance and protecting Medicare from future Medical treatment. The webinar discusses the fundamentals of Medicare, the Medicare Secondary Payer Act and Medicare Medicaid and SCHIP Extension Act, from facts and history to the need for Medicare compliance. The course covers the three prongs to the Medicare Compliance Triangle: reporting, conditional payments and Medicare Set-Asides. Strategies from early detection to risk analysis to reducing conditional payments are reviewed to help the parties negotiate the twist and turns and the evolving landscape that is Medicare Secondary Payer. Best practices tips for the practitioner and responsible reporting entities are provided.
Location: Live Webcast with Attorneys Reinaldo Alvarez and Edgardo Ferreyra
Date: March 31, 2021

Exploiting Artificial Intelligence and Technology in Construction Claims of Tomorrow”

Type: Conference Presentation
Description: Society as a whole is rapidly changing thanks to innovative ideas, creative solutions, and the emergence of new technologies, with advancements in Artificial Intelligence (AI) being a common thread.  The construction industry has been a major draw for such new technology.  With software developed to learn and adapt, see things we can’t see, or perform everyday duties, construction is no longer completed with an engineer and a slide rule, brick walls built by, or oversight by an actual person.  We have predictive design software performing the engineering, robots taking the place of masons, and software evaluating and computing live feeds of the work being performed.  The uses for such data output that exists, but has not been exploited to-date.  Tomorrow is today.  Resultantly, the desks of claims professionals, attorneys, and experts should expect an increased volume of claims that involve such technological innovations, data produced from such innovations, and technology itself.  As an industry, we must pivot our thinking and align ourselves with such technological innovations by having the foresight to see what’s next, while exploiting the data more effectively and efficiently.  Soon the insurance industry will openly embrace technology and leverage its use in design and construction with advances in adjusting claims, making legal arguments, and providing experts untapped data to present to the jury.
Location: The Gavel National Conference V - Key Largo, FL.  Presentation with Hayley Newman, Esq., of Luks, Santaniello, Michael Hinojosa of National Claim Services and Terence Kadlec of Envista Forensics. 
Date: May 19, 2021