In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent years.  Ms. Branthoover and Mr. Louik explain how the defense works, why policyholders need to be careful when they complete their applications for insurance, and what they can do to reduce the risk that their insurers will use this defense to deny coverage.  As Ms. Branthoover notes, when it comes to the misrepresentation defense, “an ounce of prevention is worth a pound of cure.”  Take your first step toward prevention by listening to this podcast before filling out another policy application.      

Presenters: Carolyn M. Branthoover and Matthew J. Louik

In this first episode of OnRisk, K&L Gates partner, Jennifer Thiem, and Senior Managing Director at AON, Gary Blitz, discuss representations and warranties insurance, also known as “reps and warranties,” and the issues policyholders face when dealing with reps and warranties insurance.

Presenters: Jennifer H. Thiem, K&L Gates Partner, and Gary Blitz, Senior Managing Director and Co-Practice Leader Transaction Liability, AON

We are excited to announce the launch of a new Hub Talks podcast series called "OnRisk: Rapid Legal Lessons for Policyholders", a K&L Gates podcast that discusses insurance topics from a policyholder’s perspective. The legal world of insurance is largely divided into law firms that represent policyholders and those that represent insurers. We represent policyholders, and we created this podcast to discuss insurance topics from that perspective.

Presenter: Jeffrey J. Meagher

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable accommodation, what an employer should request, difficult leave requests (indefinite leave, excessive leave, and intermittent leave), and normal elements of accommodation law, and concludes with a recent case from the Seventh Circuit that may be a roadmap for other courts.    

Presenters: John M. Farrell

In this episode, we highlight white collar exemptions to the overtime requirements of the federal Fair Labor Standards Act (FLSA) -- an overview of FLSA overtime requirements and the white collar exemptions to those overtime requirements; a summary of the Department of Labor's efforts to revise the overtime exemptions since 2016, including the current state of changes to the exemption; and tips for ensuring compliance with current regulations and preparing for the anticipated upcoming changes.  

Presenters: C. Bryan Cantrell

In this episode, we highlight considerations for employers as marijuana laws continue to evolve around the country -- testing challenges; state protections from employer discrimination for off-duty use; on-duty versus off-duty use of marijuana; federal versus state enforcement; and inclusion of marijuana in company policies on drug use.  

Presenters: Bridget Blinn-Spears

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In this episode, we discuss best practices in connection with conducting internal investigations -- what kinds of events trigger the need for an internal investigation; elements of an appropriate investigation; who should handle the investigation; conducting interviews of witnesses, the complaining witness, and the accused; the investigative report; and corrective actions.

Speaker: Vincent N. Avallone

In this episode of the Arbitration World podcast series Matthew Walker, a partner in the K&L Gates Doha office, elaborates on relevant considerations when selecting a seat for arbitration in the Middle East with particular reference to Qatar and Dubai. Matthew Walker’s full article can be accessed in Arbitration World’s 35th Edition, which you will find linked below.

Presenter: Matthew Walker

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In this episode of the Arbitration World podcast series, Peter Morton a partner in the K&L Gates London office, considers the new Expedited Procedure under the ICC’s Arbitration Rules, effective 1 March 2017. Peter Morton’s full article can be accessed in Arbitration World’s 35th Edition which you will find linked below.

Presenter: Peter Morton

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In this episode of the Arbitration World podcast series Ashish Chugh, a partner in the K&L Gates Singapore office discusses increased availability of information on arbitrators, with particular reference to two new initiatives:  the Global Arbitration Review’s “Arbitrator Research Tool” (“GAR-ART”) and Arbitrator Intelligence. Ashish Chugh’s full article can be accessed in Arbitration World’s 35th Edition, which is linked below.

Presenter: Ashish Chugh

Read Arbitration World’s 35th Edition