2020 Webinars

Jan 1, 2020 ‐ Dec 31, 2020


Presentations: 1


Sessions

Preventing Amygdala Hi-Jack at Deposition in the Reptilian Era

Jan 7, 2020 12:00pm ‐ Jan 7, 2020 1:30pm

Identification: dri3529

It is exceptionally rare that a defense witness “wins” the case through his or her deposition testimony. Indeed, it is far more likely that the testimony of the defense witness will “lose” the case during the deposition. Mock jury data clearly illustrates that a witness who consistently “pivots” or preemptively tries to “beat the questioner to the punch” to score points for the defense at deposition is often described as “dodging” and “sidestepping” questions. The witness brain is inherently wired to defend itself in the face of an adversarial examination and unfavorable case facts. That defensive survival response, resulting from subcortical amygdala activation (Amygdala “Hi-Jack”), comes in the form of forced explanations designed either to defeat the questioner (fight), reframe the issue or “put lipstick on a pig” (flight), or pivot to a different issue (evade). A witness’s ability to control emotion depends on having the capacity to modulate negative emotional responses through cognitive-emotional strategies, which will be covered in this program. Additionally, this program will also include the very latest updates on the plaintiff Reptile Revolution efforts across the country, and the various defense methods being used to defeat it at every phase of litigation.

Who Should Attend

  • Trial attorneys who practice in the areas of medical malpractice, commercial liability, product liability, trucking and transportation, construction, and premises liability.
  • In-house counsel and insurance claims specialists

What You Will Learn

  • What is the amygdala and how does it “hi-jack” defense witness testimony at deposition and trial.
  • How to identify and prevent amygdala hi-jack with key defense witnesses.
  • Juror perceptions of witness “pivoting” vs. embracing conduct and facts during examination.
  • Objectives of fact vs. expert witness testimony.
  • Key updates on the latest Plaintiff Reptile Attorney tactics and methods.

Speaker(s):
Standard: $180.00
Members: $150.00

The FDA and CBD-Infused Products: Understanding the Rules of the Road

Jan 22, 2020 12:00pm ‐ Jan 22, 2020 1:00pm

Identification: dri3525

Since the legalization of hemp, we have seen explosive growth in hemp production, specifically the production of hemp-derived CBD products (e.g., food, beverages, topicals, dietary supplements, cosmetics and much more). However, the U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC), states and localities, and plaintiff’s attorneys have not been shy about going after products in this space. In this exciting and interactive session, Jonathan Havens, a former FDA regulator and Capitol Hill staffer, will discuss the current CBD regulatory and litigation landscape and how they might change.

Who Should Attend

  • Retailers/wholesalers
  • Product Developers
  • Distributors
  • Litigators
  • Regulators

What You Will Learn

  • How FDA, FTC, and other federal and state government agencies are regulating hemp/hemp-derived CBD products
  • The FDA’s approach to CBD and understanding what action, if any, that the FDA may take near term and long term
  • The importance of CBD sourcing, labeling, and testing

Speaker(s):
Standard: $100.00
Members: $50.00

Not the Same Old Mediation: Coloring Outside the Lines

Feb 4, 2020 12:00pm ‐ Feb 4, 2020 1:05pm

Identification: dri3531

Jacqueline and Stacy discuss an alternative approach to negotiation and conflict resolution based in the concepts of collaborative negotiation. After discussing how to “Expand the Pie” in litigation matters and moving outside the typical bracket-style mediation, the program will also cover how to deal with problematic mediators, and how to use ADR scenarios to accomplish strategic goals in litigation.

Who Should Attend

  • Any attorney who regularly negotiates or mediates cases
  • Young lawyers trying to develop their own negotiation styles
  • Seasoned lawyers who want to try it a new way
  • Any lawyer who litigates catastrophic injury, healthcare, or other high-emotion cases

What You Will Learn

  • How how to move beyond bracket negotiation to get better results
  • Techniques for dealing with difficult mediators
  • How to apply collaborative negotiation concepts to mediation and litigation
  • Alternative approaches to the typical mediation style


Speaker(s):
Standard: $100.00
Members: $50.00
FDLA: $50.00

Avoiding Hidden Catastrophes – The Healthcare Professional as a Witness

Mar 3, 2020 12:00pm ‐ Mar 3, 2020 1:00pm

Identification: dri3533

Despite significant differences in personalities and emotional expression between healthcare professionals, physician and nursing witnesses are repeatedly dealt with in a universal manner when preparing for depositions in medical malpractice cases, resulting in ineffective, and often damaging, testimony. Amongst physicians, two primary personalities can be identified while nursing staff can similarly be broken down into distinct personalities. Individual healthcare personalities must be identified and uniquely addressed early on from both a cognitive and emotional perspective to avoid destructive testimony that will unnecessarily increase both the value and exposure of the case.

Who Should Attend

  • Trial attorneys who practice in the area of medical malpractice
  • In-house counsel and insurance claims specialists
  • Hospital administration including litigation and risk management

    What You Will Learn

    • Identifying specific medical professional personalities
    • Discussing differences between physician and nurse witnesses
    • Cognitive and emotional approach to preparing physician vs nurse witnesses based on individual needs
    • Use of Plaintiff Reptile tactics with medical professional witnesses

    Speaker(s):

    The Ghost of Treatment Past: Phantom Medical Bills, Medical Litigation Funding, and How to Fight Them

    Mar 5, 2020 12:00pm ‐ Mar 5, 2020 1:00pm

    Identification: dri3534

    Attendees will hear from two seasoned trucking attorneys and an experienced medical billing professional with an extensive background in analyzing medical billing procedures and determining the reasonable value of medical services regarding medical funding utilized in personal injury and trucking litigation. Specifically, attendees will hear about the different types of medical funding models (doctors who self-finance, factoring, medical funding companies, etc.), discovery tactics that can be utilized by defense lawyers to obtain relevant and critical medical funding information, and an overview of case law addressing the relevance of medical funding discovery and admissibility of medical funding information at trial. Additionally, attendees will learn examples of questionable billing practices (i.e., overcharging, upcoding, unbundling, etc.) and how billing experts can be utilized to help defense attorneys analyze whether the medical expenses incurred by a plaintiff were reasonable.

    Who Should Attend

    • Attorneys practicing in trucking litigation and personal injury defense
    • Transportation and personal injury representatives, specialists, risk managers, brokers, practitioners, and/or claims adjusters who are new to trucking or general litigation and/or who are new to the idea of medical funding
    • Practicing trial lawyers handling trucking litigation, personal injury defense, and/or catastrophic injury cases

    What You Will Learn

    • The different types of medical funding models (doctors who self-finance, factoring, medical funding companies, etc.)
    • Discovery tactics that can be utilized by defense lawyers to obtain relevant and critical medical funding information
    • Case law addressing the relevance of medical funding discovery and the admissibility of medical funding information at trial
    • Examples of questionable billing practices (i.e., overcharging, upcoding, unbundling, etc.)
    • How billing experts can be utilized to help defense attorneys analyze whether the medical expenses incurred by a plaintiff in a specific case were reasonable

    Speaker(s):

    Predicting Jurors’ Verdict Leanings in the Trump Era

    Mar 26, 2020 12:00pm ‐ Mar 26, 2020 1:30pm

    Identification: dri3532

    Increasing polarization in American politics has led to a substantial shift in civil juror decision-making and jury verdicts. This webinar examines the effects of political beliefs on trial outcomes. Research results indicating the extent to which individual jurors’ political orientation affects verdict preference will be presented, followed by discussion of how case characteristics and juror political orientation can interact to produce unexpected outcomes. Attendees will learn how socio-political changes can impact deliberation dynamics and how to evaluate the composition of a jury. Finally, presenters will review evidenced-based strategies for identifying favorable and unfavorable jurors.

    Who Should Attend

    • Civil trial attorneys
    • In-house counsel
    • Insurance claims specialists

    What You Will Learn

    • The extent to which jurors’ political beliefs affect their verdict preferences
    • How jurors’ political beliefs can interact with case characteristics to produce unexpected outcomes
    • Characteristics of different types of Trump supporters and their implications for jury selection
    • The impacts of socio-political changes on deliberation dynamics and damage awards
    • Evidence-based strategies for identifying favorable and unfavorable jurors

    Speaker(s):
    Members: $150.00
    Standard: $180.00

    Your New Virtual Law FirmYour New Virtual Law Firm

    Preview Available

    Your New Virtual Law Firm

    Apr 2, 2020 12:00pm ‐ Apr 2, 2020 1:00pm

    Identification: dri3542

    This pandemic has brought new challenges to how we work. We are now all remote workers, which requires equipment, connectivity, and ways to share information, while still maintaining a secure environment. This webinar will address the elements necessary to operate in this “new world” and suggest ways to get there quickly, efficiently, and safely.

    Who Should Attend

    • Partners and managing partners

    What You Will Learn

    • Access
    • Collaboration
    • Security

    Speaker(s):

    EVIDENCE: The Building Blocks To A Successful Jury Trial

    Apr 3, 2020 12:00pm ‐ Apr 3, 2020 1:00pm

    Identification: dri3538

    This course seeks to provide insight into the impact of evidence on the success of the defense at a jury trial. It will provide information on the different types of evidence, the method by which to obtain that evidence and the admissibility of that evidence at trial.

    Who Should Attend

    This program is designed for insurance industry professionals that are involved in the claims litigation management process including:

    • CLO's 
    • In-house Counsel 
    • Staff Attorneys 
    • Mid-level claims professional 
    • Claims adjusters

    What You Will Learn

    • The role of evidence in a BI / UM trial for attorneys.
    • Various types of evidence and the methods in which they can be obtained.
    • Necessary information for claims representatives and investigators regarding the admissibility of the evidence they collect during the claims process.

    Speaker(s):

    Coronavirus: A Primer on Insurance Implications Arising from a Global Pandemic Parts 1

    Apr 6, 2020 12:00pm ‐ Apr 6, 2020 1:00pm

    Identification: dri3541

    COVID-19 has brought the world to a standstill. In a matter of weeks, it has resulted in the infection of over 200,000 people in over 150 countries. Thousands of people have died. The World Health Organization has declared it a global pandemic. In its wake, COVID-19 has not only threatened the health of the global population, but has shaken the core of the global economy, resulting in losses in the hundreds of billions and prompting the United States to propose a trillion dollar stimulus package to aid individuals and businesses in their effort to survive the economic impact of this virus. The impact of COVID-19 on the insurance industry is likely to be significant as the exposures arising from this global pandemic prompt an analysis of myriad insurance risks under a variety of products for first-party property and business interruption benefits, event cancellations, and liability claims. This presentation will explore the emergence of COVID-19 and its impact on insurance risks.

    Who Should Attend

    • Insurance professionals
    • Insurance brokers
    • Attorneys
    • Risk managers
    • Business professionals

    What You Will Learn

    • Participants will be provided with a primer on a number of insurance policy product lines and some of the primary insurance coverage issues that may arise under those policies.

    Speaker(s):

    Coronavirus: A Primer on Insurance Implications Arising from a Global Pandemic Parts 2

    Apr 7, 2020 12:00pm ‐ Apr 7, 2020 1:00pm

    Identification: DRI3541

    COVID-19 has brought the world to a standstill. In a matter of weeks, it has resulted in the infection of over 200,000 people in over 150 countries. Thousands of people have died. The World Health Organization has declared it a global pandemic. In its wake, COVID-19 has not only threatened the health of the global population, but has shaken the core of the global economy, resulting in losses in the hundreds of billions and prompting the United States to propose a trillion dollar stimulus package to aid individuals and businesses in their effort to survive the economic impact of this virus. The impact of COVID-19 on the insurance industry is likely to be significant as the exposures arising from this global pandemic prompt an analysis of myriad insurance risks under a variety of products for first-party property and business interruption benefits, event cancellations, and liability claims. This presentation will explore the emergence of COVID-19 and its impact on insurance risks.

    Who Should Attend

    • Insurance professionals
    • Insurance brokers
    • Attorneys
    • Risk managers
    • Business professionals

    What You Will Learn

    • Participants will be provided with a primer on a number of insurance policy product lines and some of the primary insurance coverage issues that may arise under those policies.

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