The Year in Review

Transcription

1 AND CASUALTY LITIGATION SEMINAR The Year in Review 35thAnnual Spring 2013

2 Insurance and Casualty Litigation : The Year in Review Program dates & Locations SACRAMENTO Wednesday, May 1, 2013 Red Lion Woodlake Hotel 500 Leisure Lane Sacramento, CA (916) SAN FRANCISCO Thursday, May 2, 2013 Hotel Nikko San Francisco 222 Mason Street San Francisco, CA (415) LOS ANGELES Thursday, May 9, 2013 The Jonathan Club 545 South Figueroa Street Los Angeles, CA (213) ORANGE COUNTY Friday, May 10, 2013 The Westin South Coast Plaza 686 Anton Blvd. Costa Mesa, CA (714) NEW YORK Tuesday, May 14, 2013 Sheraton New York Times Square 811 7th Avenue at 53rd Street New York, NY (212) SCHEDULE 8:00-8:30 a.m Registration and Breakfast 8:30 1:00 p.m. Seminar Presentation Who Should Attend This program is geared to insurance professionals in a variety of areas. Among those who will also find the program invaluable are the following: Claims Counsel Risk Managers Claims Managers and Supervisors General Counsel Human Resource Managers CLE/ce Credit This program is CLE approved by the California State Bar; is pending approval by the New York State Bar; and is pending approval by the California Department of Insurance for Property and Casualty, Personal Lines, and Independent and Public Adjusters. Attendees are eligible for 4.0 hours of credit.

3 Highlights of Topics INSURANCE COVERAGE Shorter statute of limitations for equitable contribution Stolen car: actual cash value or policy limits? Unusual effect of federal endorsement for truckers Equitable subrogation and advantage for settling insurer How innocent co-insured gets stuck for reimbursing insurer for non-covered claim Duty to defend health insurer on claim against liability insurer Parity coverage for mental illness Coverage for disparagement Exhaustion of primary before excess is triggered No coverage for housing discrimination when government sues Special Topic: New developments in broker/agent liability Special Topic: New exposure and extension of coverage for cyber risk EMPLOYMENT TORTS; DISCRIMINATION; HOSTILE WORK ENVIRONMENT; HARASSMENT Retaliation update Whistleblower update Wage and hour new exposure Insurance agents: employee or independent contractor? Discrimination, national origin and religion Strict liability for sexual harassment Special Topic: The explosion in binding arbitration contracts for employment disputes; what the plaintiffs bar is doing to counteract Special Topic: Discussion of new California laws pertaining to employers NEGLIGENCE General contractor and peculiar risk liability update Important school district case making district and school officials liable for sexual abuse by teacher Personal liability of camper for multi-million dollar forest fire Dram shop liability development Special Topic: Update on tort reform in California and across the country Special Topic: New stats on cell phones, distracted driving, teenage driver, worst driving cities in the U.S. Special Topic: Important California Supreme Court case on effect of settlement with joint tortfeasors INTELLECTUAL PROPERTY Our usual comprehensive review on patent, copyright and trademark law with outstanding audio-visual presentation DAMAGES Punitives: You may be broke, but you re still exposed! U.S. Supreme Court speaks out on sharing medical information from government records. Loss of consortium update Injury to pets great expansion of recovery rights SOCIAL MEDIA Special Topic: This interesting topic involves new exposure for employers; will the government gain access to employee passwords? All new developments in this area will be discussed ARBITRATION Special Topic: The march towards Concepcion binding arbitration continues; effect on contracts of all kinds; employment; collective bargaining agreements (NLRB); strategy of plaintiffs bar to combat this major cut back on their right to litigate Who decides whether case should be arbitrated court or arbitrator? U.S. Supreme Court requires binding arbitration in nursing home dispute New aggressive argument for unconscionability by plaintiffs Violations of Labor Code: Arbitrable? Condominium agreements; CC&Rs and arbitration

4 Highlights of Topics Legality of class-wide arbitration waiver for wage and hour claims Car dealers and binding arbitration for auto sales contracts INSURANCE BAD FAITH Special Topic: Is there now a duty on the part of California insurers to affirmatively make settlement offers before receiving demand? Special Topic: New strategies and techniques for reducing/limiting damages in bad faith cases Limitation on bad faith damages for refusal to settle when insurer wrongfully refuses to defend New rules for handling Brandt attorney fee claims CIVIL RIGHTS Excess force and qualified immunity update Demotion for political activities: discrimination? Website introducing like-minded roommates: discrimination? Disclosing autopsy results Prisoners and exhaustion of administrative remedies Violation of Fifth Amendment privilege as civil rights violation GOVERNMENT LIABILITY Dangerous condition of public property Requirement to provide medical care for prisoners CLASS ACTIONS Special Topic: Is class action litigation on the way out because of binding arbitration clauses? U.S. Supreme Court continues the march New strategies for defeating class certification efforts PRODUCTS LIABILITY Favorable Appellate decision for asbestos manufacturer Raw materials CONSUMER RIGHTS AND BUSINESS TORTS Special Topic: Update on this important area of the law and how the new super majority of pro plaintiff legislators in Sacramento will affect this area PROFESSIONAL LIABILITY Special Topic: Each house of the California legislature now has a pro plaintiff two-thirds majority; what does this portend for the cap on medical malpractice liability ($250,000 for general damages in existence for 40 years) Update on insurance agents and brokers liability and on real estate broker liability SPECIAL NEW YORK PRESENTATION Special Topic: At the New York seminar, there will be a special update presented by our New York attorneys on coverage, D&O, and liability developments in New York and the Mid-Atlantic states, together with trends and forecasts in these and other areas THE LATEST DISASTER AUDIO-VISUAL Frank Pagliaro will present his annual slide show on the latest world disasters

5 Registration Information Registration Form Note: If you have registered by fax, or our web site, it is not necessary to return this form. Registration Fee: $50.00 Please indicate the seminar you wish to attend: SACRAMENTO - Wednesday, May 1, Red Lion Woodlake Hotel SAN FRANCISCO - Thursday, May 2, Hotel Nikko San Francisco LOS ANGELES - Thursday, May 9, The Jonathan Club ORANGE COUNTY - Friday, May 10, The Westin South Coast Plaza NEW YORK - Tuesday, May 14, Sheraton New York Times Square I cannot attend, but please send me the materials at $25 each. Type or print the following information, or affix your business card. (Please list additional registrants on a separate sheet and attach) Mail Mail your completed registration form to: Sandra Garzona Ropers, Majeski, Kohn & Bentley 1001 Marshall Street, Suite 500 Redwood City, CA your information to sgarzona@rmkb.com Fax Fax your completed registration form to Online Name M F Register online at our website at Title Company Address City/State/Zip Telephone Ext. Fax Check enclosed payable to Ropers, Majeski, Kohn & Bentley Mail to 1001 Marshall Street, Suite 500, Redwood City, CA Check # and amount Charge to: Visa Mastercard AMEX Cardholder s Name Card Number Expiration Date Signature: (no.) $50 each Mailing Address Information We strive to keep our mailing list as up-to-date and accurate as possible. If you are receiving duplicates, or if the mailing label on this brochure is incorrect, please phone Sandra Garzona at or note corrections on the labels and fax them to us at Cancellations and Substitutions Cancellations received up to 10 working days before the program are refundable in full. After that, cancellations are subject to the entire program fee. Please note that if you don t cancel and don t attend, you are still responsible for payment. Substitutions may be made at any time. (no.) materials $25 each Total $ Please note that recording devices are prohibited.

6 Founded more than 60 years ago as Silicon Valley began transforming into the world s technology hub, RMKB is headquartered in Redwood City, California with offices in San Francisco, San Jose, Los Angeles, New York, Boston, and Hong Kong (affiliated). We conduct a broad, far-reaching practice offering expert litigation and transactional services to domestic and international businesses and individuals. The firm s practice areas are structured to serve our clients vibrant industries and specialized areas of interest. Our lawyers have extensive experience in business litigation and appellate law; class actions; construction defect litigation; corporate law and counsel; directors and officers liability; employment counseling and litigation; entertainment law; environmental, Prop 65 and toxic tort liability; estate planning and wealth management; fidelity and surety bonds; insurance coverage, bad faith, ERISA, fraud, regulation and reinsurance; intellectual property; litigation management, cost control and fee disputes; mergers and acquisitions; personal and catastrophic injury litigation; product and premises liability; professional negligence; real estate; startup and emerging-growth companies formation and representation; and taxation. We pride ourselves on client relationships, pragmatic results and exceptional value. Offering premier litigation skills and a complete spectrum of business-oriented services, we solve problems, structure deals, and deliver results with complete client focus. Redwood City New York Boston San Francisco Los Angeles San Jose 1001 Marshall St., Ste. 500 Redwood City, CA ph (650) fax (650) Broadway, Ste. 202 San Francisco, CA ph (415) fax (415) Third Ave., 25th Floor New York, NY ph (212) fax (212) South Flower St., Ste Los Angeles, CA ph (213) fax (213) State St., Ste. 700 Boston, MA ph (617) fax (617) W. San Fernando St., Ste San Jose, CA ph (408) fax (408)