Appointments

The Professional Liability Defense Federation (PLDF) has named Christopher Conrad (Harrisburg, PA) as chair of the newly formed School Leaders Liability Claims Committee.

The Professional Liability Underwriting Society (PLUS) has named Jeremy Zacharias (Mount Laurel, NJ) as vice chair of the Future PLUS committee for the 2021 term. As vice chair of the committee, Jeremy will work directly with the committee chair to facilitate various sub-committees that focus on mentorship, networking and outreach of PLUS throughout the insurance industry. Jeremy is also coordinating an effort with PLUS to implement a global PLUS mentorship initiative that will pair senior insurance professionals with Future PLUS members new to the field.

Jacqueline Reynolds (King of Prussia, PA) has been elected president of the Montgomery Bar Association. She will serve a one-year term, beginning January 8, 2021. Jackie has a long history of involvement with the Montgomery Bar Association. Throughout her 23 years of membership, she has served as a member of the Board of Directors, chair of Women in the Law, president of the Trial Lawyers Section and a member of the Medical Legal Society, Membership Committee and the Civil Rules Committee.

Recognition

Frank Leanza (Roseland, NJ) has been named by corporate counsel to the BTI Client Service All-Stars 2020. He is one of only 475 attorneys selected nationwide. To become an All-Star, an attorney must be identified by corporate counsel for superior client service -- client service exceeding all others. No attorney can lobby to be added to the list, there is no self-submission process, and law firms cannot provide names of clients to be contacted. Those selected are the end result of nearly 350 in-depth, independent interviews with legal decision makers at the world’s leading organizations.

Jeremy Zacharias (Mount Laurel, NJ) was awarded the RPLU designation from the Professional Liability Underwriting Society. The RPLU (Registered Professional Liability Underwriter) designation is the only professional credential exclusively for people in the professional liability industry. It is conferred on professionals who complete a rigorous insurance curriculum and meet the PLUS experience and ethics requirements.

Published Articles

Mike Duffy (King of Prussia, PA) authored the article “Is There a Doctor In the House?” This article discusses the use of telemedicine in workers’ compensation cases. Published in the November 2020 issue of CLM Magazine, you can read the article here. https://online.pubhtml5.com/adfn/wngy/#p=16

Kimberly Berman (Fort Lauderdale, FL) authored the article “Florida Courts Clarify Role of Appraisal in Coverage Claim Disputes,” appearing in the Southeast edition of Insurance Journal magazine. https://www.insurancejournal.com/news/southeast/2020/12/10/593271.htm. Kim and Eric Reichenberger’s (Fort Lauderdale, FL) article “Florida Adoption of Federal Judgment Standards a Win for Insurers” was published by Insurance Journal, Southeast Edition. The article, published on January 6, 2021, can be seen at https://www.insurancejournal.com/news/southeast/2021/01/06/596241.htm.

Mary Kate McGrath, Adam Fulginiti (Philadelphia, PA) and Jeffrey Rapattoni (Mount Laurel, NJ) authored the article “How COVID-19 Accelerated Telehealth In 2020” for Law360.com. The article examines the technological, legal and logistical trajectory of telehealth in 2002. Click here to read the full article. Jeff also authored “Forecasting the Future of SIU Claims in a Post-COVID-19 World,” which was posted on December 15, 2020, on PropertyCasualty360.com. https://www.propertycasualty360.com/2020/12/15/forecasting-the-future-of-siu-claims-in-a-post-covid-19-world/?cmp_share.

Courtney Schulnick (Philadelphia, PA) has recently had two articles published. “The Difference Mindfulness Can Make: Help Bring the Practice to Children,” was published in the December 2020 issue of The Philadelphia Bar Reporter. You can read this article at https://marshalldennehey.com/articles/difference-mindfulness-can-make-help-bring-practice-children. “Mindfulness Meditations” was published in the December 16, 2020, edition of the DRI publication, The Voice. https://marshalldennehey.com/articles/mindfulness-meditation. 

Speaking Engagements

Mary Kate McGrath and Adam Fulginiti (Philadelphia, PA) presented the webinar “Telehealth Emerging Legal and Regulatory Issues: Adopting and Implementing Innovative Solutions.” During the 90-minute presentation, Mary Kate and Adam addressed issues arising from the use of multiple technologies in the telehealth encounter, such as remote monitoring devices, digital therapeutics and AI-based algorithms. They discussed the challenges in complying with evolving federal and state telemedicine requirements, compliance with telehealth requirements for new innovative technologies, and best practices for adopting and implementing innovative telehealth solutions in line with data privacy requirements.

Steven Christman (New York, NY), Walter Klekotka (Mount Laurel, NJ), Joseph Lesinski (Pittsburgh, PA) and Amanda Podlucky (Orlando, FL) recently made a virtual presentation on “Jurisdictional Trends & The COVID-19 Impact in FL NY NJ & PA.”

Michael Packer (Fort Lauderdale, FL) presented a webinar for CLM titled “Covid 19: To Be Property Damage or Not to Be Property Damage.” The webinar focused on whether there has been “property damage” as generally defined under a standard commercial policy and whether coverage is triggered under such policies.

Scott Gemberling (Philadelphia, PA) recently co-presented with a toxicologist on the topic “Dram Shop, The Toxicology and the Law” for the National Academy of Continuing Legal Education. This online course was an overview of the toxicology of alcohol with a focus on the legal aspects of dram shop cases. Scott discussed the many scenarios of civil litigation where alcohol may be involved, shared insights, unique challenges, and modifications surrounding a dram shop jury trial that took place during COVID-19.

Patrick Reilly (Pittsburgh, PA) recently presented a webinar “Liquor Liability In Pennsylvania.” ​His discussion highlighted who needs liquor liability, who’s covered, requirements, how bars can protect themselves and the importance of surveillance.

Bradley Remick (Philadelphia, PA) recently co-presented a webinar “Investigating Fire Cause vs Cause of Loss.” This one-hour webinar reviewed the difference between responsibility for the cause of a fire and cause of a loss. The presenters discussed modeling tools in fire investigation and how the fire cause versus cause of loss difference can be applied through case study analysis.

A.C. Nash (Fort Lauderdale, FL) and Melanie Foreman (Philadelphia, PA) recently made a virtual presentation on the topic “Negligence 101 – A Pennsylvania and Florida Legal Overview.” The presentation focused on Pennsylvania and Florida law surrounding slip and fall, negligent security, auto accidents, dog bites and strict liability issues, to name a few.

Heather Byrer Carbone (Jacksonville, FL) was a featured presenter at the Workers’ Compensation Claims Professionals (WCCP) 2020 Annual Holiday Conference, which was held virtually. As part of the five-hour law and ethics update, Heather presented on “Ethical Requirements: Empathy and Ethics in Workers’ Compensation.”

Tony Natale (Philadelphia, PA) and Ross Carrozza (Scranton, PA) hosted the webinar “Navigate the Medicare Maze: A Practical Guide to Understanding Medicare Set-Asides.” They provided practical advice to simplify the Medicare Set-Aside (MSA) process. Topics included learning to identify when an MSA is necessary, what information Centers for Medicare & Medicaid Services (CMS) looks for during the process, and MSA reduction strategies to help keep costs in check.

Michele Punturi (Philadelphia, PA), Robert Fitzgerald (Mount Laurel, NJ), John Gonzales (Philadelphia, PA), Keri Morris-Johnston (Wilmington, DE) and Rachel Ramsay-Lowe (Roseland, NJ) presented a webinar “Workers’ Compensation Winter Roundup.” The discussion focused on hot topics at the intersection of workers’ compensation and employment law, including the impact of terminating an employee while on workers’ compensation, dealing with credits against workers’ compensation benefits, unemployment issues, and navigating the interplay between FMLA, ADA and workers’ compensation.

Scott Dunlop and Paul Krepps (Pittsburgh, PA) presented a webinar on “Hot Topics in 2020 Law Enforcement Liability.” Participants learned more about qualified immunity, deadly force, mass disturbance, emergency vehicle operation and body cameras.

Kimberly Berman, Ryan Burns and A.C. Nash (Fort Lauderdale, FL) presented a webinar, “56 Feds are Coming: Strategies Using the Upcoming Florida Summary Judgment Standard,” on the recent changes to the motion for summary judgement in the state of Florida.

Media Commentary

Kimberly Berman (Fort Lauderdale, FL) participated in Issues on Appeal Podcast. ​In this podcast, Board Certified Appellate Specialist Duane Daiker interviews members of Florida’s appellate community about timely and timeless issues of appellate practice and professionalism. Kimberly’s segment can be heard at https://podcasts.apple.com/us/podcast/fonts/id1455060207?i=1000504248807.

_{Defense Digest, Vol. 27, No. 2, March 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}