2018 DRI Webinars



Sessions

MSP Act Case Law UpdateMSP Act Case Law Update

Preview Available

MSP Act Case Law Update

May 8, 2018 1:00pm ‐ May 8, 2018 2:30pm

Identification: DRI3469

Credits: None available.

The Medicare Secondary Payer Act and accompanying regulations and procedures continue to evolve and take shape. Courts’ recent interpretations and applications of the Act have clarified some aspects of this complicated field, while simultaneously creating confusion in other respects. This program will provide the latest developments in MSP case law, as well as the current status of procedural requirements incumbent on lawyers and liability carriers. We will also offer commentary on the most recent case developments involving the application of the Affordable Care Act to reduce damages exposures for future medical expenses in liability cases, recovery rights of Medicare Advantage Organizations, and CMS’ views on Liability MSAs.

Objectives:

  • How the judiciary has addressed Medicare Secondary Payer issues
  • How to settle cases in compliance with Medicare Secondary Payer law
  • How to achieve finality in cases with Medicare beneficiaries
  • How to resolve cases involving conflicts between the Medicare Secondary Payer Act and state law
  • How to avoid claims for double damages under the Medicare Secondary Payer Act’s private right of action

Speaker(s):
Standard: $50.00

Security Is Only As Good As the Weakest Link - Legal Tech Security Measures Every Lawyer Must Take

Jun 21, 2018 11:30am ‐ Jun 21, 2018 12:30pm
Expiration Date: Jun 19, 2020

Identification: DRI3462

Credits: None available.

Model Rule 1.6(c) stipulates that a lawyer must make reasonable efforts to prevent the disclosure of confidential client information. The comments to Rule 1.6 require lawyers to act competently to safeguard client information, and use reasonable safety precautions when transmitting a client communication. The exact meanings of "reasonable efforts," "act competently" and "reasonable precautions" may be subject to debate. However, doing nothing certainly won't meet the standard. The good news is that you don't have to be a security expert or techie to protect yourself and your office. 

Learn how to cover all the bases of computer, smartphone, tablet, email, wireless and document encryption. We'll also cover the fundamentals of backing up your electronic data. Half of the battle is simply knowing what questions to ask and it's not nearly as complicated as it sounds. Establish best practices in your office and discover the inexpensive or free tools that will make sure your confidential information remains confidential.

Objectives:

  • How to encrypt a PC, tablet or phone
  • How to encrypt email and attachments to email
  • How to protect wireless transmissions of eavesdropping or theft
  • Recommended, off-the-shelf and inexpensive security products and services
  • What security policies your office should have

Speaker(s):
Standard: $50.00

MSP – You Think You Have it Figured Out, But What About Parts C and D? – What You Don’t Know, Will Hurt You

Jun 28, 2018 1:00pm ‐ Jun 28, 2018 2:30pm

Identification: DRI3459

Credits: None available.

MSP Reporting and Reimbursement strategies for Medicare Part A and Part B are well understood and we know what to do.  But, the rights of Medicare Part C and Part D plans to reimbursement are actively being litigated around the country.  This webcast will help you appreciate the current understanding of the legal rights of Medicare Part C and Part D plans and what you need to do to protect your company’s or your client’s interest when it comes to these plans.

Objectives:

  • The current legal framework for reimbursement rights / obligations for Medicare Part C and Part D plans.
  • How to determine if there is a Medicare Part C or Part D Plan involved
  • How to determine what may be owed to a Medicare Part C or Part D plan
  • Best practices for handling claims involving Medicare beneficiaries and reimbursement obligations related to those claims.

Speaker(s):
Tags: MSP medicare
Standard: $50.00

Closing Arguments: The Last Bastion Against A Bad Verdict

Jul 10, 2018 1:00pm ‐ Jul 10, 2018 2:00pm

Identification: DRI3480

Credits: None available.

Closing arguments are a defense lawyer’s last best chance to try to win-over plaintiff friendly jurors. But far more importantly, closing arguments are the defense lawyer’s best opportunity to arm defense-friendly depositions with the evidence, instructions and arguments that demand a defense verdict.

This webinar will discuss best practices for closing arguments including content preparation and presentation. It will also discuss using legal issues as a sword during the plaintiff’s closing arguments and how to defend against common legal arguments.

Objectives:

  • A proven strategy for developing closing argument content.
  • Presentation techniques including technology and low-tech options.
  • How to develop a successful objection strategy.
  • Common legal issues that you should be prepared to handle either before or during your closing argument.

    Speaker(s):
    Standard: $50.00

    Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs

    Jul 30, 2018 1:00pm ‐ Jul 30, 2018 2:00pm

    Identification: AB01DRI

    Credits: None available.

    Preparation and use of amicus curiae (friend of the court) briefs are an important part of appellate practice in federal and state courts.  They give individual corporations, trade associations, professional groups, and other organizations a voice―a direct line of communication to appellate courts―on the significance, practical impacts, policy implications, and merits of important legal issues.  This webinar will cover the strategic use of amicus briefs, the rules governing their preparation and submission, and amicus brief style and content.  In-house counsel and outside attorneys who manage or handle appeals and may want to solicit amicus support, as well as attorneys who are engaged to draft (or would like to be engaged to draft) amicus briefs, will benefit from the webinar.

    Objectives:

    • Learn about the increasingly significant role that amicus briefs play in the U.S. Supreme Court, federal courts of appeals, and state appellate courts
    • Know whether, when, how, and from whom to solicit amicus support if you are representing a client in a federal or state appeal,
    • Gain an understanding of amicus rules and procedures in the U.S. Supreme Court and other appellate courts
    • Benefit from practical guidance on the scope, content, and style of amicus briefs, both at the review petition and merits stages of an appeal
    • Interact strategically with the office of the Solicitor General or other government lawyers when the United States or a State participates as amicus curiae (either for or against your client) in a pending appeal

    Speaker(s):
    • Lawrence S. Ebner, Founder, Capital Appellate Advocacy PLLC & Chair, DRI Amicus Committee
    Standard: $50.00

    Can Insolvency and Lost Profits Coexist?

    Aug 23, 2018 12:00pm ‐ Aug 23, 2018 1:00pm

    Identification: DRI3487

    Credits: None available.

    It is not uncommon to see a financially distressed plaintiff suing for lost profits asserting the acts of a defendant were causal. We will discuss if and how insolvency can impact proximate cause or intervening cause assertions. We will discuss insolvency in both contract and tort damages as well as how several courts analyzed the issue, including a dissent.


    Objectives: 

    • Recognize the three different indicators of insolvency
    • How plaintiff’s management decisions may create insolvency and how defendant can use the analysis to mitigate or eliminate proximate cause
    • How courts have analyzed the proximate cause issue in distressed firm
    • How numbers and not the story but numbers tell the story

    Speaker(s):
    Standard: $25.00

    Trucking Experts 101: The Trucking Attorney’s “Toolbox”

    Sep 5, 2018 12:00pm ‐ Sep 5, 2018 1:00pm

    Identification: DRI3488

    Credits: None available.

    This “Lunch and Learn” webinar will address common types of experts used in trucking litigation, how to locate an appropriate expert for your case and when to use an expert. Panelists will also discuss the selection and use of experts from the time counsel first gets “the call” through the discovery period and trial, from identifying and agreeing upon the scope of work, effective use of trucking experts to develop case themes and defenses, crafting demonstratives that work, common “expert pitfalls,” and preparing for Daubert or Frye challenges. We will discuss the Trucking Attorney’s toolbox of possible experts to retain, including the use of accident reconstructionists, biomechanical engineers, human factors experts, trucking safety experts and others.


    Objectives:

    • How to locate and identify the appropriate expert(s) for a trucking case; 
    • How to identify and prevent common “expert pitfalls” that can derail a successful defense;
    • How to effectively use experts in your case to develop your defense;
    • Preparing for expert challenges.

    Speaker(s):
    Standard: $50.00

    The ALI Restatement on Liability Insurance – What You Need to Know (Part 1)

    Sep 11, 2018 12:00pm ‐ Sep 11, 2018 1:30pm

    Identification: DRI3493

    Credits: None available.

    Overview of the major coverage issues addressed in the recently approved ALI Restatement on liability insurance, which took almost a decade to finalize involving significant drafts and revisions to complete based on input from both the carrier and policyholder bars.

    Objectives:

    • What does the Restatement say about insurer supervision of defense counsel and liability for defense counsel’s actions?
    • How does the Restatement treat insureds’ rights to independent counsel?
    • How does the Restatement treat insureds’ rights to independent counsel?
    • What limits does the Restatement impose on an insurer’s termination of an insured’s defense?
    • What remedies does the Restatement authorize for breach of the duty to defend?

    Speaker(s):
    Standard: $50.00

    Dumb Things: Eminently Avoidable Legal Ethics Mishaps

    Sep 18, 2018 1:00pm ‐ Sep 18, 2018 2:00pm

    Identification: DRI3486

    Credits: None available.

    The presentation will cover various examples of dumb things lawyers do and explains how firms can avoid obvious mistakes arising from unthinking action or inaction (the low-hanging fruit of risk avoidance).

    Objectives:

    • Pitfalls of holding client money
    • How to handle multiple client representation
    • Ever-present risks of disclosing client confidential information
    • Managing risks of social media involvement

    Speaker(s):
    Standard: $25.00

    MSP Best Practices for Claims Professionals and Defense Counsel

    Sep 20, 2018 1:00pm ‐ Sep 20, 2018 2:30pm

    Identification: DRI3479

    Credits: None available.

    Best practices in the Medicare world continue to evolve! While this program updates of our traditional Best Practices program, speakers will spend significant time of new tips based on current events in the MSP world. Attendees will learn cutting edge MSP risk management techniques from attorneys who are highly skilled in MSP issues. Both speakers are former Chairs of DRI’s MSP Task Force, and bring together their experience addressing conditional payment exposure, Medicare Set-Aside (or future medical) exposure and Section 111 reporting questions. After 90 minutes, your organization will be better protected from the federal government by implementing their advice.


    Objectives:

    • How to identify the risks associated with managing a claim involving a Medicare enrolled beneficiary;
    • How to extinguish Medicare conditional payment and Medicare Set-Aside (MSA) exposure;
    • How to settle a claim with Medicare issues;
    • How to draft a proper release that addresses all MSP issues; and
    • How to make sure a closed file will remain closed. 

    Speaker(s):
    Standard: $50.00
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