The Defense Never Rests
We are on a mission to help Lawyers, Risk Managers and Claims professionals stay on top of the hottest legal trends and issues impacting their day-to-day. The Defense Never Rests brings together guests from varying backgrounds and opposing views to discuss issues unique to the defense side of civil litigation. We aren't citing case law or speaking legalese here. We're having real discussions, sometimes serious and sometimes not, in an entertaining way that is both educational AND fun!
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120 - Breaking Glass Ceilings in the World of Law
05/19/2022
120 - Breaking Glass Ceilings in the World of Law
What obstacles have you had to conquer to pave the way upwards in your career? This week on The Defense Never Rests, we are joined by @Tina Newsome-Lee and @Nicole Suisse – two fantastic career driven lawyers who seemingly have parallel career progressions. Both these ladies came from humble beginnings without any “headstart” to get them where they are today. They had to utilize their own grit and determination to earn their achievements. But of course not without some help from mentors, colleagues and role models. And they are not blind to those who helped them get to where they are today. And now are in positions that they are paying it forward. Mentoring. Guiding. Leading. I am so honored to be joined by these two ladies who have paved the way to their own success. Do you have a mentor who helped your career path? Give them a shout out in the comments!
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119 - Seizing Opportunities in Claims
05/12/2022
119 - Seizing Opportunities in Claims
Do you seize new opportunities when they are presented to you? Some of us can be skeptical when we are faced with an opportunity that may be too good to be true. Others jump on it. Story time… When I was looking for jobs during law school I was set on being a transactional attorney. I did not want to do litigation or anything like it. Why? Who knows, transactional work just seemed “cool”. But when the market was dry and there was not a transactional job to be found, I took a position as a litigation associate. Fast forward to today…I frankly could not imagine NOT being a litigator. The story is not that different for our guest this week. This week on the Defense Never Rests Dale Diamond shares how he began his legal career as a coverage attorney with a little bit of being in the right place at the right time. Turns out, he found his passion! Since then his career has had a few twists and turns, but his passion for coverage is truly the cornerstone to his career. I am sure he is thankful for that first step he took that steered the ship. Do you imagine where you would be if you did not take a certain opportunity when it was presented to you?
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118 - Insuring Fido: Pets Need Coverage Too!
05/05/2022
118 - Insuring Fido: Pets Need Coverage Too!
What do you think is an emerging area of claims? If we said pet insurance, would that surprise you? Probably! Most of us grew up in a time where pet insurance probably did not even exist! And let’s face, if the family dog fell ill and it was going to cost a lot of money, that treatment was probably not going to happen. But times have changed. Nowadays that does not need to be the case. This week on the Defense Never Rests we are joined by Dylan Whitehead Director of Claims at Pumpkin and discuss how pets are not just pets, they are part of our family. So why shouldn’t they have proper coverage – just like us. Do you have pet insurance for your furry friends at home?
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117 - Hot Topics in Comp
04/28/2022
117 - Hot Topics in Comp
What trends are you seeing in your workers’ compensation claims? Are you seeing a rise in certain types of claims… Or maybe you are seeing a shift in how claimants seek treatment… Or just a rise (or fall) in claims in general? This week on the Defense Never Rests we return to our worker’s compensation series and are joined by Andrea Emmett to dive into what is trending in WC right now. Spoiler – there are a lot of trends! And they keep evolving. We probably could make this a 5 part series. If you work in comp claims, this is a must listen. Even if you do not work in comp claims, these trends often spill over to GL, so tune in! What trends are you seeing come across your desk?
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116 - Raising Cane's One Love Approach to Claims
04/21/2022
116 - Raising Cane's One Love Approach to Claims
Do you immerse yourself into your claims? I mean, do you REALLY know your insured’s business inside and out? This week on the Defense Never Rests we are joined by LaToya Lee who is the Director of Claims at Raising Canes and she talks about the value of understanding the business operations when defending claims. This is down to how to operate the cashier to frying the chickens. Think about it…It pays to know the ins and outs of the operation. To really understand how the day to day operations go is essential to assessing each claim. Not to mention, LaToya is a joy to speak with – her enthusiasm for this amazing company is infectious. It is not surprising, either, she has surrounded herself with a great team at a fantastic and growing company. Have you had Raising Canes yet?
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115 - Challenges in Insurance Startups
04/14/2022
115 - Challenges in Insurance Startups
Do you work for a start up insurance company? It seems these days there are A LOT of new insurance companies coming onto the market. Each with specific products and visions and new philosophies as to how to best serve their insureds. Very exciting times indeed. To be somewhere on the ground floor and help build the company, your team, the philosophy is invigorating. But this is not without challenges. Today on the Defense Never Rests we are joined by Corrie Hurm who can speak first hand of the challenges she’s faced while heading the claims department of a start up. Nothing short of exciting, sure. But certainly there are some challenges that some of us may take for granted. Like – do we buy this claims software or pay the electricity bill. Okay, maybe not EXACTLY like that but you get the idea. Do you handle claims for a startup, how has your experience been different from other companies you have worked for?
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114 - Litigation is a Team Sport
04/07/2022
114 - Litigation is a Team Sport
What was the last team sport you played? Before you answer…if you are in claims I think it was more recent than you may think. In fact, it was probably today. Because claims is a team sport! We are not just working on silos on our own. No way. There is a team involved with every claim. This week on the Defense Never Rests we are joined by Corey Jeffers to discuss how claims are very much a team effort. We are working with outside counsel, the insured, experts…even opposing counsel. Sometimes the team works really well together. Other times, we are out of synch. But if your team isn’t working well together, do you forfeit the game? NO WAY. What are your strategies to keeping your team together?
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112 - "Moneyball" Approach to Defending Claims
03/24/2022
112 - "Moneyball" Approach to Defending Claims
What does what do you look for in your defense counsel? I am willing to bet lots of attorneys are waiting in the wings to find out the answers! Let’s face getting on (and STAYING ON) panel is a giant hurdle. The process can be overwhelming, daunting and discouraging. Not only do you need to find the right person, build a genuine relationship, submit an impressive proposal and get to the point of being accepted on panel… But once you are on panel it does not mean you will see cases. This week on the Defense Never Rests we are joined again by @Matthew Queen who has a lot to say about the metrics and characteristics he looks for when selecting counsel. Spoiler – there is a lot more to it than you may think. But Matthew is brutally honest about what he looks for in counsel and, frankly, what turns him away. He offers some hard truths as to what works and what does not. For any attorneys out there, this is a must listen. More importantly, for those tasked with overseeing panel counsel, we want to hear from YOU. What do YOU look for in your panel attorneys? Comment below.
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111 - The Art of Serving Clients
03/17/2022
111 - The Art of Serving Clients
What personal attributes are most important when serving clients? I think trust is far up there. Think about it, if a client or insured trusts you they are going to listen to your advice. This is especially helpful before you are even faced with a lawsuit and you are working on risk prevention. This week on the Defense Never Rests, we are joined by Anthony Guzman who is on the broker side of claims and often works with clients to develop the best insurance package for their needs. That includes assessing potential risk and designing a policy that works for that particular business. But he partners with his insureds to ensure they have support if faced with a claim. I think everyone wants Anthony, or someone like him, on their side. Not only is he knowledgeable of the coverages available, but he is just extremely personable and downright likable! But having that personality deliver sometimes news you may not want to hear, softens the punch. These are ingredients for a successful long term relationship. What attributes do you look for?
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110 - Forensic Accounting, Guns, and Prince William: The Unlikeliest of Bedfellows
03/10/2022
110 - Forensic Accounting, Guns, and Prince William: The Unlikeliest of Bedfellows
What do you think of when you hear the term “forensic accounting”? I am willing to venture a guess that your first word associations would not be fascination or excitement. However, during this episode of the Defense Never Rests with Howard Silverstone you will learn that the forensic accounting world is far from mundane! In fact, he has encountered both guns and Prince William and thankfully not at the same time! After having the opportunity to sit down and hear Howard’s experiences from a visit to Buckingham Palace to uncovering fraud within an organization, I found myself wanting to pop a bag of popcorn and hear more. I expect you will want to do the same. Of course, he offers tremendous insight as to when you may want a forensic accounting expert on your side and when is the best time to get one on board. What has your experience been with forensic accounting?
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109 - Tackling The Learning Curve of Claims
03/03/2022
109 - Tackling The Learning Curve of Claims
What were some of the lessons you learned early in your claims career? For our guest this week on The Defense Never Rests, Michael Benson, he shares that he learned early on that facts are not always the most important. Which can be a shocking discovery at first. In fact he admits it was one of his biggest failures putting so much stock into facts but not some of the extraneous information that had a significant impact. Interestingly, however, Michael sought out a career in claims after first being a claimant! Having been in that position he learned that he has a passion for working to solve people’s problems. And when you think about it we are all in the problem solving business. That is exactly what he strives to do – solve problems big and small. You do not want to miss this discussion. Michael is dynamic and insightful on his career path and offers insight as to his experiences and growth from a junior adjuster to now. What valuable lessons did you learn early in your career that helped shape your path?
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108 - Winning Claims Practices: Plaintiff's Attorney Perspective
02/24/2022
108 - Winning Claims Practices: Plaintiff's Attorney Perspective
Have you ever wondered what tactics have the most bang for your buck when trying to resolve a claim? Or….more importantly, what really puts a wedge in early negotiations. This week on the Defense Never Rests I am joined by my law school classmate David Kwalter. Like many of us, Dave had a bob and weave path to where he is now – in fact we even worked together after law school as document review attorneys. Which was a very interesting experience to say the least. But he quickly found his way and built up a successful personal injury practice with his best friend. He graciously agreed to share what adjusters do well, not so well, and what helps getting cases resolved. And some of it is so simple…like picking up a phone. In fact those simple phone calls over the years and cultivated friendships with adjusters. Which can certainly help resolve cases early. What tactics do you believe helps resolve and close your files?
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107 - Uncovering Captive Insurance
02/17/2022
107 - Uncovering Captive Insurance
For many the response to that is: “what the heck is a captive?” OR perhaps you are in the position that you are evaluating your loss ratios with your premium costs and maybe you are intrigued with the idea of potentially joining a risk retention group. Maybe you’ve heard the term but really just do not have a full understanding as to how they work and want to hear more. This week on The Defense Never Rests we are joined by Matthew Queen who peels away the layers of captive insurance and gives us a bit of a 101 lesson on the topic. So whether you are at self-insured company, are already part of a risk retention group, work for a carrier or you simply represent entities that fall into any of these categories, his intel on this topic is…well…captivating. Of course, if you know Matthew even a little bit you know he holds nothing back and we appreciate the engaging conversation he continually brings to the table. Is your company part of a captive insurance group? If so, we would love to hear about it below.
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106 - Is Social Media Professional?
02/10/2022
106 - Is Social Media Professional?
Do you use social media to help promote your professional persona? Well…if you are reading this on Linkedin, chances are the answer to the question is yes. I think we all utilize this platform in similar but also different ways. Some use to gather information that is helpful to their practice. Others use it as a networking and marketing tool. Some of us use it to promote our professional accomplishments or provide discussion of hot issues. But I think it is safe to say that gone are the days that it is simply used as a digital resume. This week on the Defense Never Rests we are joined by Mike Elkins who is a labor and employment attorney but also an avid speaker and content creator who is not afraid to put his name out there on hot issues. And sometimes putting himself out there made other people uncomfortable. But why? Because it was not “traditional”. Well, in my humble opinion, nothing good ever happened from doing something the same way over and over just because that is how it was done in the past. This applies for social media as well as litigation! Might as well mix it up and that is what Mike does! How do you use social media platforms – are they strictly personal or does your professional life bleed in?
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105 - Dos & Dont's of Defense Counsel (Pat 2)
02/03/2022
105 - Dos & Dont's of Defense Counsel (Pat 2)
What does outside counsel do that makes you want to pull your hair out? Multiple typos in reports? Retaining experts without consent? Long and wordy reports? Or how about failing to respond to repeated follow up requests? On this week's podcast episode of The Defense Never Rests, we return to discussing the “do’s” and “don'ts'” of defense counsel. From adjusters’ perspectives. And we are joined by Morgan Dooley and Porter Nelms who candidly share what drives them bananas. Because it's important for us to look at what DOESN'T work for clients and claims professionals, so that we can start adopting what DOES. They also share what they appreciate and the lengths they will go to acknowledge that appreciation. Because talking about what DOES work is equally important! If you handle claims, we are fairly confident you have your own do's and don'ts list. So, share yours below. What do you want to see your outside counsel doing more of?
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104 - Managing Risk: An Engineer’s Perspective
01/27/2022
104 - Managing Risk: An Engineer’s Perspective
What advice do you give your insureds to mitigate future risk? I think we all have some general line items that we tell insureds or clients that they could be doing differently. But usually, that is after the claim and sometimes that is too late! But what about someone to come in and actually evaluate the business practices and offer real suggestions that can lower future risk. I think that is pretty great, don’t you? This week on the Defense Never Rests we are joined by Riley McManus who is an engineer by trade but a safety management professional who is tasked with assessing insured (or potential insureds) risk. We are talking feet on the ground, walking around a business and scoping out potential problems that could lead to a loss. And then he offers solutions to help prevent that loss. Now that is a safety check that I think we all want to hear about. That does not mean Riley’s job is easy…of course some businesses are resistant to change and that can certainly pose a challenge. But as a claims professional, having someone like Riley on your team is an absolute asset. What do you think are some of the most common risks he sees?
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102 - Let's Talk About.... Cannabis
01/13/2022
102 - Let's Talk About.... Cannabis
What do you know about insuring cannabis products and navigating the related claims? Whether it is used for recreational or medical purposes, cannabis has an element of uncharted territory. But is it all that different from insuring another crop? Or how about a pharmaceutical product used for medical purposes? Some say not so much and others believe it is polar opposite. This week on the Defense Never Rests we are joined by Brayden York who is the insurance and risk manager at a cannabis company and we take a dive into the particular challenges of this booming industry. Not only are there challenges because this is a newer industry with regulations and laws that change quite rapidly. But also, while cannabis is a crop it also has pharmaceutical elements and is used for that purpose – thus insert more regulations that require compliance Not to mention how it is permitted to be manufactured, produced and distributed varies widely depending on your country and/or state. There is a lot to pack into this episode and we do our best. What do you think are some of the challenges cannabis industry faces with insurance and claims?
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101 - Insider Look at Public Entity Claims
01/06/2022
101 - Insider Look at Public Entity Claims
How are the risks of a public entity different? Or maybe the better question to ask is: how does one approach a claim against a public entity differently? This week on the Defense Never Rests, we are joined by Eileen Fay, SVP and Head of Claims at Berkley Public Entity and we dive into the nuances of public entity claims. In some respects, they are not all that different from claims against private entities or individuals. However, when we are talking about claims against townships or police and fire departments there is certainly a distinct finesse that is necessary in defending that claim. What we also often forget, a lot of these entities are in small towns or departments where everyone knows everyone. For that reason, the counsel is VERY important. Eileen weighs in on the specific nuances she has seen with public entities but also dives into her path that brought her here. Even if these types of claims are foreign to you, you do not want to miss this dynamic discussion.
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9 (Replay) - Mediation
12/30/2021
9 (Replay) - Mediation
In this throwback episode, host Patricia Baxter is joined by cohost Oliver Brooks to welcome their guests. Two well-respected and widely used mediators, Judge Michael Snyder, the newly elected Chancellor of the Philadelphia Bar Association, and Barbara Lyons. Judge Snyder has been mediating cases at The Dispute Resolution Institute since 2014 after retiring from the bench and Barbara Lyons has been mediating cases for over 25 years at the Bucks County Mediation and Arbitration Center. What do you think? Let us know! We want to hear from you!
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8 (Replay) - Balancing Life, Career, and Family
12/23/2021
8 (Replay) - Balancing Life, Career, and Family
Juggling family and career is tough for so many people. While this topic certainly isn't new, talking about it is still so important! In this throwback episode, host Patricia Baxter is joined by Kara White, Meghan Henry, and Scott Rybny. Tune in and listen to the experiences of 4 family-oriented, busy professionals with different backgrounds and struggles.
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100th Episode: Then and Now
12/16/2021
100th Episode: Then and Now
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99 - Careers and Parenthood
12/09/2021
99 - Careers and Parenthood
For our parents out there, what was the biggest challenge you faced professionally as a young parent? For many expecting mothers, the first challenge is TELLING your employer. What will they say? What type of reaction will you receive? When do you even break the news? What does this mean for your career trajectory? So many questions swirling around what is one of the happiest and exciting periods of one’s life. This week on The Defense Never Rests we bring back Helen Yoon, Karly Wannos, Esq. and Jamie Szal to take a deep dive into firm and corporate culture for parents and particularly the challenges young parents face trying to juggle careers with life. But more importantly, we discuss what changes companies and firms can make to retain talent. This is not a new topic, by any means, but always an important one. If you are an expecting parent, a new parent, a "seasoned" parent or, even more importantly, a manager or leader, this is a must listen.
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98 - Defense Counsel Do’s and Don’ts: Candid Advice from a Claims Adjuster
12/02/2021
98 - Defense Counsel Do’s and Don’ts: Candid Advice from a Claims Adjuster
Which of your defense counsel’s characteristics really impress you? Could it be an executive summary at the start of a report? Picking up the phone to discuss an issue or ask a question? Better yet - what do they do that you absolutely loathe? We attorneys may not want to admit it, but alas, that list may be longer. It might even get so bad that you explore switching counsel. This episode of “The Defense Never Rests” is dedicated to discussing the “do’s” and “don’t’s” of defense counsel from an adjuster’s perspective. This week we are joined by Morgan Dooley, who very candidly shares her likes and dislikes. She holds nothing back and, frankly, it is refreshing. In fact, if you do not follow Morgan on LinkedIn, you should start. Like right now. She is very candid about her opinions on…well…everything. But particularly her assigned defense counsel. Given how much fun we had, we have to believe it will be the last time Morgan joins us on this podcast either! If you handle claims, we are sure you can weigh in on this subject and we would love to hear from you. Don’t be afraid to share tips for defense counsel!
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5 (Replay) - Lawyers Choose The Top 10 Legal Movies of All Time
11/25/2021
5 (Replay) - Lawyers Choose The Top 10 Legal Movies of All Time
Recognize this? “You can’t handle the truth!” Or this? “The two yutes.” Well those are pretty easy! But what about this: “…now imagine she’s White” In this episode, The Defense Never Rests is taken over by Nate Bohlander and Oliver Brooks, who are joined by Ashley Johnson and Tyler Williams. Have you ever wondered how realistic movies about the law really are? Are they, like most things which come out of Hollywood, sensationalized to draw audiences to theaters? Or do they retain some element of truth and candor about the legal profession? After generating a list, they discuss the top 10 legal movies according to our office.
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97 - Single Mother's Road to General Counsel
11/18/2021
97 - Single Mother's Road to General Counsel
What drives you each day to keep working toward your professional goals? Better question…do you know what those goals even are? Some of us are determined to put in the work solely to best serve our insureds. Others it could be monetary rewards or promotions. And for some, providing for our families are the reason we are motivated to succeed. It also could be a number of things. But for each and every one of us, there is some fire inside that drives us. Even if you do not consciously realize it is there. For our guest this week on The Defense Never Rests, Nicole Pielli, General Counsel of First Tek, Inc. she is driven to succeed not only to provide for her family but as an example to her daughter as to why you work hard. I think many of us can relate to this. Nicole has worked tirelessly as a single working mother to make sure her daughter has all the opportunities available to her that she deserves. But also she wants to be a positive example of what we can accomplish if you put the work in. And Nicole definitely put in the work! Not only has she proven herself in private practice, at a big four accounting firm and now as GC at a large technology company, but she sat for the bar a mere few weeks after giving birth. And passed. I would say she wears a cape and has a super power of pure grit and determination. That is certainly a positive example for her daughter – way to go Nicole! If you do not know why you put in the work or what your goals are, you should not miss this podcast. Nicole’s story will certainly inspire you. So, asking again, what drives you to succeed?
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96 - Hot Topics in Trucking (Part 3) | 2021 TIDA Annual Seminar
11/11/2021
96 - Hot Topics in Trucking (Part 3) | 2021 TIDA Annual Seminar
How does the average juror view the trucking industry? You know what we mean, does the average individual have a positive or negative opinion of truckers. As we approach the holiday season with warnings of supply shortages and we are worrying about getting those all important gifts in time, I would venture a guess that the average person is relying on the trucking industry quite a bit. Even if we may not always be consciously aware of it. We needed it 18 months ago when we were not leaving our homes. We need it today and we will certainly need it tomorrow. Simply said, we, as a society, need the transportation industry. On this installment of Hot Topics in Trucking, my dear friend and fellow Philadelphia attorney Jared Shafer jumps into the hot seat to discuss the latest issues we are seeing in the trucking industry. Jared is no stranger to defending catastrophic lawsuits and the specific challenges he has seen his clients face over the years. He dives into how we can humanize companies and help change the dialog. How do you think we should change the dialog?
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95 - Hot Topics in Trucking (Part 2) | 2021 TIDA Annual Seminar
11/04/2021
95 - Hot Topics in Trucking (Part 2) | 2021 TIDA Annual Seminar
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94 - Hot Topics in Trucking (Part 1) | 2021 TIDA Annual Seminar
10/28/2021
94 - Hot Topics in Trucking (Part 1) | 2021 TIDA Annual Seminar
What do you think are the hot topics the trucking industry is facing right now? Driver shortage… Nuclear verdicts... Or is it something else? This week on the Defense Never Rests we launch a new series: Hot Topics in Trucking where I set up a special podcasting booth at the TIDA Annual Conference and jumped into the upcoming trucking trends and what we can do to prepare for what is to come. First up is Andrew Stephenson a seasoned litigator with years of defending national trucking companies from catastrophic claims who was brave enough to be the first one to sit down at the podcast booth. Andrew brings a surplus of knowledge and experience wherein he can offer his insight as to what is hot now and what we should look out for next. He also tried to take over my job as host… If you work in claims in the trucking industry, this series is a must listen. What do you think we need to be ready for next?
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93 - Confessions of a Risk Manager
10/21/2021
93 - Confessions of a Risk Manager
When you assign your outside counsel, did you ever stop and think about the traits you’re seeking? Maybe it is an aggressive approach to litigation. Maybe it is mental dexterity. Maybe both. Perhaps trial experience is an absolute “must.” Perhaps you just genuinely like working with them. No matter what characteristics your outside counsel exhibits, chances are they are different from other risk managers and claims handlers across the country, let alone the globe. This week on “The Defense Never Rests,” we are joined – again – by Matt Margolis, who, after years of private practice, recently moved on to become the Director of Legal & Risk Management at Lloyd Jones. In this episode, we talk about not only the transition from firm attorney to risk manager, but also what traits he looks for when he hires outside counsel. Given his background, Matt offers a truly unique perspective. Just a few months ago, he was being assigned files from the people in the very seat in which he now sits! Matt can still vividly recall working up the defense of a file. But now he is the one asking the tough questions and making the big decisions. Most importantly, he’s learned what he likes (and loathes) in outside counsel. Spoiler: brevity in reporting is preferred! Matt also talks about how tough it was to “let go of the reins” and let someone else – someone who he might not have ever met and with whom he only recently started working – steer the ship through litigation. And, of course, if you have tuned into other episodes with Matt, you know he is a fun and engaging guest that is easily recognized as Matt the Millennial Lawyer! What challenges have you faced when managing outside counsel?
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92 - Corporate Depositions: Tips from a Claims Professional
10/14/2021
92 - Corporate Depositions: Tips from a Claims Professional
Undeniably, not the sexiest event during litigation. But, in many cases, it might just be the most vital piece of your defense. There are so many elements to consider to achieve a successful corporate designee deposition. Responding to the deposing counsel’s notice. Choosing the right deponent. Preparing the designee. This week on the Defense Never Rests we are joined by Wade Vandiver, who breaks down corporate designee depositions for us. He not only practiced defending extra-contractual and coverage claims, but spent the bulk of his career at a carrier where he managed outside counsel in their defense of these claims. In fact, he might even be an expert on this topic as he has sprung his experience into his own consulting business. But today we got him for free! During his career he has witnessed the good and the bad..…and wants to share his tips and tricks to a successful deposition. But also how to manage your counsel to get the best results for your case. What do you think are the most important factors when preparing for corporate designee depositions?
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