SELECTED ARTICLES
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“Risk Transfer: Indemnification for Damages Arising Out of Data Breaches and Cyber Incidents” (to be published by ABA as a chapter in the TIPS book “A Business Guide to Dispute Resolution of Cybersecurity & Data Privacy Claims”)
“ADR in Cyber, Privacy and Data Breach Related Disputes” (to be published by ABA as a chapter in the TIPS book “A Business Guide to Dispute Resolution of Cybersecurity & Data Privacy Claims)
“Things Excellent Lawyers Do in Mediation” (October 11, 2023)
“Three of the Biggest Mistakes that Lawyers Make in My Mediation Room”(as published in FDCC’s Insights Magazine, July 24, 2023)
“Money, Money, Money - Pursuing Cyber Liability Subrogation Claims Against Third-Party Service Providers”, Article, CLM Magazine (May 2023)
“Mediating Data Breach, Ransomware, Cyber & Privacy Lawsuits” (March 8, 2023)
“Protecting Your Privacy - When It Comes to Mediations, Confidentiality Isn’t Guaranteed” (as published In CLM Magazine, February 8, 2022)
“Mediation Day Is a Very Important Day: Make it Count” (as published by DRI: ADR Choices August 3, 2021 Vol 20 Issue 1) A CONVERSATION WITH JEAN LAWLER AND DAN D. KOHANE
“Best Practices for Virtual Mediations”, American College of Coverage Counsel and Southern CA Mediation Association, Article, June 2020
CLM Magazine Article re Mediations, July 2019
Leadership for Lawyers, Perspectives on Leadership Composed by Members of the FDCC, “Musings on Law Firm Leadership” at page 54 of the book, page 61 of the PDF, 2018
SELECTED PRESENTATIONS
Cybersecurity Litigation Trends - Mediation, American Bar Association (TIPS) Cybersecurity Data Privacy Conference (March 2024)
Heroes of Mediation - Part III - The Negotiations a/k/a The Back & Forth, FDCC Winter Meeting (February 2024)
Tailoring the Dispute Resolution Mechanism to the Dispute, American College of Coverage Counsel Annual Mtg. (May 2023)
Heroes of Mediation - Part I - Preparation and Pre-Mediation Planning, FDCC Winter Meeting (February 2023)
Mediating Data Breach, Privacy, Ransomware & Cyber Insurance Claims, Will Work for Food: The New Possibilities Hour (April 2022)
Arbitration and Appraisal: Getting Past Splitting the Baby, panelist FDCC Winter Meeting (March 2022)
Cyber/Privacy Insurance Webinar, Panelist Live Webinar, FDCC (February 2022)
Mediating Data Breach, Ransomware, Cyber & Privacy Lawsuits, Panelist Live Webinar, The CLM (November 2021)
Let’s Talk Privacy! Impacts of Privacy Legislation + Lawsuits on our Practices, Clients + Firms, Live Webinar, FDCC (April 2021)
Is your Mediation Really Confidential? Live Zoom Discussion, 360° ADR – Midweek Talk (March 2021)
9/11 Litigation and Mediation Lessons Learned, Live Webinar, FDCC (February 2021)
Mediating Cases Involving Liability When There is No Coverage - Part II: Cases with Both Covered and Non-Covered Claims, Live Webinar, CLM (December 2020) and Will Work for Food - The New Possibilities Hour Webinar Series (December 2020)
Coverage Issues Related to Data Breaches, National Law School of India University, Law & Technology Society, Live Webinar (October 2020)
Settlement and Assignment Following Breach of the Duty to Defend, American College of Coverage Counsel Annual Meeting (September 2020)
Virtual Mediation–Adapting To Our New Normal, American College of Coverage Counsel PopUp Live Webinar (August 2020)
“Guess What? Your Online Mediation is Not Confidential.”, Will Work for Food - The New Possibilities Hour Webinar Series (August 2020)
Online Mediation Confidentiality, Association of Attorney Mediators (July 2020)
Online Mediation: Prepare for Settlement Success – A Zoom Webinar for Attorneys, Live Webinar, Southern California Mediation Association (June 2020)
Mediating Cases Involving Liability When There is No Coverage - Part I: Americans with Disabilities Act (ADA) Cases, Live Webinar, CLM (April 2020)
Host and Presenter, FDCC Professional Women’s Forum, FDCC Winter Meeting, Scottsdale, AZ (March 2020)
Faculty, Insurance Coverage Training Academy: CGL Boot Camp, FDCC Winter Meeting, Scottsdale, AZ (March 2020)
Data Breach Litigation in the 2020 Landscape: Practical Tips and Strategies to Avoid the Pitfalls, Live Webinar, The Knowledge Group (January 2020)
Mediating Before and After Judgment, FDCC Annual Meeting, Sun Valley, ID (August 2019)
Legal Analytics, Big Data and You: The Future of Litigation Management, How We Practice Law & Evolving Ethical Considerations – Tomorrow’s Tools Today, ADTA Annual Meeting, Austin TX (April 2018)
Insurance Masters Series: Cyber Claims and Legal Trends (November 2016)
Insurance Roundtable: Disruptors - Technology and Product Liability Exposures (June/October 2016)
Cyber and Data Breach Losses: Recent US Court Decisions, Risk Management & Investigations, London, England (May 2016)
INSURALEX Talks: Disruptors and Their Risks-Tomorrow's "New Normal" is Here. What Some of These Exposures Look Like for Insureds, Insurers and Risk Managers, Insuralex Mid-Year Meeting, Los Angeles, CA (November 2015)
Insurance Roundtable: Defending Bad Faith Claims (September 2015)
Insurance Roundtable: The Advice of Counsel Defense and Waiver of the Attorney-Client Privilege in Coverage and Bad Faith Issues (May 2014)
Insurance Roundtable: Coverage Issues Related to Data Breach, Cyber Liability, and Privacy Claims (March 2014)
Insurance Roundtable: Coverage Issues Related to Directors & Officers and Professional Liability Policies (June 2013)
Developing the Next Generation of Lawyers–Ethical Issues in Law Firm Management, ADTA Annual Meeting, White Sulfur Springs, WV (April 2013)
Tackling Tenders – Who’s on First? Priorities of Coverage and Tools for Responding to Tenders of Defense and Indemnity, CLM Insurance Bad Faith and Coverage Conference, Boston, MA (September 2012)
The Power of Persuasion, USLAW Network Women’s Collection Meeting, Austin, TX (April 2012)
Primary Exhaustion of Limits in Construction Defect Litigation, CLM Webinar (April 2012)
Technology for Lawyers - Best iPad Apps, FDCC Winter Meeting, Phoenix, AZ (March 2012)
Mediation Strategies and Effective Negotiation, USLAW Network Client Conference, Chicago, IL (2011)
Protecting Client Assets: Indemnity and Other Contract Terms - The Short List, USLAW Network Client Conference, Colorado Springs, CO (2010)
Handling California Claims – The Right Way, USLAW Network Conference, NYC (2010)
Litigation and Bankruptcy: Removal, Remand, Jury Trials and Everything in Between, USLAW Network Client Conference, San Francisco, CA (2009)
Hot Topics in Excess Insurance: A Survey of Underwriting, Claims Handling and Legal Developments, PLRB/FDCC Critical Issues for Senior Insurance Executives and In-House Counsel, Chicago, IL (2007)
Handle with Care: Discovery of Sensitive Information in the Coverage Action, DRI Insurance Coverage and Claims Institute (2007)
Insurance, Indemnity and Construction Defect Claims, USLAW Network Client Meeting (2007)
What’s Hot and What’s Not in the USA – Trends and Latest Cases, DRI International Liability Program, Sydney and Melbourne, Australia (November 2004)
Insurance Coverage for Employment Discrimination and Harassment Claims: Who Pays for Defense or Indemnity? DRI/FDCC/IADC and ATDA Joint International Conference, Barcelona, Spain (May 2004)
Construction Defects: Coverage Under Third Party Liability Policies, PLRB Meeting, Chicago (2004)
Policy Provisions, Endorsements and Exclusions - An Ever Changing Face in Construction Coverage, West Coast Casualty Seminar (2002)
Fundamentals of Insurance, California Continuing Education of the Bar
The Right to Independent Counsel, DRI
Litigation Avoidance Techniques, FDCC Litigation Management College, Northwestern University, Kellogg Graduate School of Management
The Anatomy of an Advertising Injury Claim, FDCC
Developments in Environmental Coverage Issues, FDCC
Insurance Litigation, National Business Institute