Mediation Strategy: Selecting the Best Mode of Mediation and Type of Mediator
Mediation is now a critical part of virtually every business dispute. In fact, the ABA’s recent Tort Trial & Insurance Practice Section Conference dedicated two sessions to the topic. A common theme in each presentation was the important role that pre-work plays in the potential success of the mediation. There are many ways to approach […]
General Contractors Beware: Five Reasons Your Insurance Claim May Be Denied
General contractors buy insurance and enter into indemnity agreements with subcontractors to control the risk associated with their projects. Based on our experience fighting for policyholders, we’ve identified five reasons an insurer might deny your claim, along with steps you can take to help make sure you get the full benefit of your risk-shifting agreements. […]
How to Secure Coverage for a Biometric Privacy Lawsuit
As most business owners know by now, tools that record, report, and store data related to a person’s unique physical characteristics, including palmprints and fingerprints, voiceprints, and facial, retinal, or iris measurements, have come under the scrutiny of state lawmakers seeking to prevent private entities from collecting biometric information without disclosure and consent. While protecting data privacy […]
Get Out Your Dictionaries to Get the Full Insurance Coverage You Bought
Over the past couple of years, many businesses have found themselves defending against class action lawsuits asserting claims under Illinois’ Biometric Information Privacy Act (“BIPA”). BIPA regulates the use and transmission of biometric information such as handprints. Many businesses use biometric information for employment purposes such as time-keeping or security, as well as for various […]
Effective Advocacy
As an attorney who regularly represents clients in high-stakes litigation, my clients look to me to argue their cases. Clients generally perceive advocacy as argument. But in my 31 years as a trial lawyer, I have learned that careful listening is the key to effective argument. The starting point is listening and learning from the […]
Maybe It’s Time to Rethink Your Path
One of the hardest parts of my job is advising a client who has gotten stuck. Maybe they made a bad business decision a few years back but can’t admit it to themselves. Or maybe a once-successful approach is no longer working but “escalation of commitment” — the business school term for holding on too […]
Seven Questions You Should Not Be Afraid to Ask Your Lawyer
1. What can’t I ask?? This is a trick question. There is no question related to the legal services your lawyer has been hired to provide that is out of bounds. And when you ask a question, you should get a prompt and direct answer to it from your lawyer. Of course, the answer may […]
Honesty Is the Best Policy: A Misstatement in Your Application May Void Your Coverage
“It is inherent in human nature to question whether we will be accepted for who we are. Sometimes, this may tempt us to “hedge” a bit in how we present ourselves. But a recent Illinois appellate court decision[1] adds new meaning to the adage “honesty is the best policy.” In that case, misstatements in the business insurance policyholder’s application voided coverage for the very risk that prompted the company to purchase the policy in the first place…”
How Do You Measure a “Win”?
Presidential Medal of Freedom recipient, Arthur Ashe, enjoyed outstanding success as a tennis player. During his career, he won the men’s singles title at Wimbledon, the US Open, the Australian Open and, at one point, was ranked number two in the world in men’s tennis. His wins could be quantified by titles, trophies, and earnings. […]
Don’t Take No for an Answer
How dental practices can file successful COVID-related insurance claims. In my work representing owners of medical and dental practices who have suffered losses due to the coronavirus pandemic, my clients come to me with the same story: the insurance carriers say that they are “sorry,” but there just is no insurance coverage for the claims […]
