Timely Notice

Adam Dolan, a New York partner in Goldberg Segalla’s Toxic Tort and Environmental Law practice group, discusses the effect of medical and recreational cannabis legalization on employers and insurers.  Adam gives an overview of state laws legalizing cannabis and contrasts them with federal regulations prohibiting its use entirely.  He then provides guidance for employers confronted with developing and enforcing drug workplace policies in cannabis-friendly states.  Adam concludes with his predictions for the future of cannabis claims.

Lou Russo, a partner in Goldberg Segalla’s New York City Office, discusses discovery challenges in the context of international arbitration.  Lou begins by addressing the most significant differences between how discovery is treated in courts versus forums of arbitration.  In particular, Lou delves into ways arbitrators can control forms of e-discovery and some of the challenges parties face in exchanging documents across borders.  Lou also gives his thoughts on strategies to limit the cost of discovery as well the management of copious documents when engaging in international arbitration.

Jason Botticelli, an attorney in Goldberg Segalla’s Buffalo Office, sits down with the podcast to discuss the legal landscape concerning the fast growing e-cigarette industry. Jason first details the impressive growth of the industry and the corresponding efforts of the FDA in creating a regulatory framework. Jason then delves into areas of potential risk facing the industry. In particular, he highlights product liability lawsuits due to fires and explosions and toxic torts from the chemicals contained in the “juice” used to create the vapor. Jason concludes by offering predictions on the types of cases the industry should be prepared to confront in the near future.

Allison Ianni, a New York partner in Goldberg Segalla’s Employment and Labor practice group, joins the show to discuss ADA website accessibility lawsuits. Using familiar examples, Allison illustrates how a website or mobile application can be inaccessible to people with disabilities. She explains how a lack of regulatory guidance has left courts split on vital issues, such as whether the ADA’s requirements can even apply to online-only companies. Allison also shares the most useful resources companies can look to when evaluating their ADA compliance. Finally, Allison talks about how the insurance industry should respond to the surge in website accessibility claims.

In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process.  He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.

In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process.  He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.

Emily Borg, a Chicago partner in Goldberg Segalla’s Workers’ Compensation Group, discusses how to successfully defend against workers’ compensation claims for repetitive trauma injuries, such as carpal tunnel syndrome. She explains the factors for a repetitive trauma claim and the unique burden of proof challenges for a claimant. Emily then shares strategies for culling out non-meritorious claims. She uses two of her recent victories to illustrate three key elements for the successful defense of a repetitive trauma claim. 

Aaron Aisen, an attorney in Goldberg Segalla’s Buffalo Office, surveys the cyber-regulatory framework pertaining to the insurance industry. Aaron starts by identifying the two states, New York and South Carolina, that presently have cybersecurity regulations aimed at insurance companies. Indeed, an important compliance deadline is fast approaching in New York. Aaron breaks down challenges insurers may face when implementing cybersecurity regulations and offers suggestions on how best to effectuate compliance.     

Michael Young, a St. Louis partner in HeplerBroom’s Insurance Coverage Group, joins the show to discuss the Missouri Court of Appeals’ decision in State ex rel. Shelter Mutual Insurance Company v. Wagner.  Wagner is the first significant case to address attorney-client privilege in the wake of Grewell v. State Farm Mutual Auto Insurance Co., where the Missouri Supreme Court held that a plaintiff in a bad faith action has a right to access its liability insurer’s claim file. As Mike explains, Wagner clarifies whether this right of access extends to privileged communications in a claim file. He also explains why the Wagner rule is superior to adverse rulings in other jurisdictions.

John Allen, a partner in Goldberg Segalla’s St. Louis office, sits down with the podcast to examine workers’ compensation issues presented in the maritime industry. John explains how three different workers’ compensation schemes can be applicable to maritime workers. Two of the schemes are provided under federal law (Jones Act and Longshore Act) while a third option is provided by each individual state’s workers’ compensation law. Due to this complex, overlapping framework, John discusses challenges in determining which scheme to apply and whether concurrent jurisdiction exists. John concludes by highlighting the importance of implementing a thorough investigation program and offers pointers for how insurers can navigate these perilous waters.