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Timely Notice

118 episodes - English - Latest episode: about 4 years ago - ★★★★★ - 16 ratings

Goldberg Segalla's Timely Notice is your on-the-go source for sharp takes and expert analysis on the latest trends, debates, and developments in the legal industry.

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Episodes

COVID-19 Property Coverage Claims

March 27, 2020 12:45 - 13 minutes - 12 MB

Jared T. Greisman, co-chair of Goldberg Segalla’s First-Party Property Coverage subgroup, joins the Timely Notice podcast to discuss the unprecedented situation COVID-19 presents for insurers. Drawing on his background in handling massive losses stemming from catastrophes like hurricanes and wildfires, Jared notes how all those pale in comparison to the national and international scope of the current pandemic. As for first-party property policies, Jared highlights the key issues relating to ...

Technology, Risk, and the Law (TRL)

March 17, 2020 16:46 - 16 minutes - 15.5 MB

Goldberg Segalla’s Jeffrey Cunningham and Dan Lust talk TRL, offering businesses and professionals insight into the hazards associated with the newest technologies and social media trends. They cover everything from TikTok to personal cell phone usage to ransomware and more. Plus, Jeff and Dan analyze the current status of social media case law.   

More Unpacking of the California Consumer Privacy Act

March 10, 2020 16:10 - 32 minutes - 29.6 MB

Goldberg Segalla’s Albert Alikin, Marc Voses and Courtney Zucker join Timely Notice for an update of the California Consumer Privacy Act (CCPA). Marc and Courtney give a brief overview of what types of businesses must comply, offer tips on taking the first steps toward compliance and provide insight into the first lawsuits referencing CCPA. Plus, they flag noteworthy changes in the February 2020 AG Guidelines update.

Title VII Cases Before the Supreme Court Regarding LGBTQ Discrimination

March 03, 2020 05:00 - 16 minutes - 15.4 MB

Goldberg Segalla’s Colin Willmott and Jacqueline Siegel join the show to discuss Title VII cases before the Supreme Court regarding LGBTQ discrimination. Colin and Jacqui dig into Title VII and other state laws pertaining to sexual orientation and gender identity protections. They also take a look at three cases pending before the Supreme Court that could have a significant impact on LGBTQ employees and the community as a whole. 

Child Victims Act: Pennsylvania

February 25, 2020 05:00 - 10 minutes - 9.9 MB

Tom Segalla welcomes Michael Hamilton to the show to continue the series on the Child Victims Act: State by State. Mike, a partner in Goldberg Segalla’s Philadelphia office, discusses the law in Pennsylvania. Mike gives an overview of the law, compares Pennsylvania law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states. 

Top Property Decisions of 2019

February 18, 2020 05:00 - 19 minutes - 17.8 MB

In this crossover episode, Jonathan Schwartz is joined by John Hurley of the Property Liability Resource Bureau to discuss their picks for the most interesting property coverage cases of 2019. The pair address the significance of the term dwelling, after the Idaho Supreme Court’s decision in McFarland v. Liberty Mut. Ins. Corp. They then examine what it means to be an impartial appraiser, pursuant to the Colorado Supreme Court’s decision in Owners Ins. Co. v. Dakota Station II Condo. Ass’n.

Child Victims Act: Illinois

February 11, 2020 05:00 - 9 minutes - 8.4 MB

Tom Segalla welcomes Jonathan Schwartz to the show to continue the series on the Child Victims Act: State by State. Jonathan, a partner in Goldberg Segalla’s Chicago office, discusses the law in Illinois. Jonathan gives an overview of the law, compares Illinois law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states. 

#metoo and the Boardroom

February 04, 2020 05:00 - 23 minutes - 21.3 MB

Goldberg Segalla's Jonathan Schwartz welcomes Eric Marler and Carrie Graziani of Hanover Insurance Group for a discussion of the Me Too movement, potential directors and officers’ liability, and its effect on corporate culture and risk management. Eric and Carrie focus on the legal issues surrounding sexual harassment at the executive level, including D&O coverage, shareholder derivative and class action litigation, and the legislative response to sexual harassment claims. They also explore ...

Child Victims Act: New York

January 28, 2020 05:00 - 15 minutes - 13.8 MB

Tom Segalla welcomes Jeff Kingsley to the show to continue the series on the Child Victims Act: State by State. Jeff, the co-chair of Goldberg Segalla’s Global Insurance Services practice, discusses the law in New York. Jeff gives an overview of the law, compares New York’s law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states. 

USDA Issues Interim Final Rules for Domestic Hemp Production

January 21, 2020 05:00 - 24 minutes - 22.9 MB

Goldberg Segalla's Adam Dolan and David Choi join the show to discuss the USDA's interim final rules for domestic hemp production. Adam and David shed light on how the laws regarding hemp have evolved, what existing or prospective producers of hemp should be aware of regarding the USDA's regulations, how the regulations affect interstate commerce, and more. 

Child Victims Act: New Jersey

January 14, 2020 05:00 - 17 minutes - 15.6 MB

Tom Segalla welcomes Chris Cavallo to the show for another episode of the special series on the Child Victims Act: State by State. Chris, a partner in Goldberg Segalla’s Newark office, continues the conversation in New Jersey. Chris provides an overview of the law, compares New Jersey’s law to other states with similar laws, and considers impacts on the insurance industry. Check out more Timely Notice episodes for coverage of the Child Victims Act in other states. 

Where Do Legal Analytics Come From?

January 07, 2020 05:00 - 9 minutes - 9.13 MB

Neil Magenheim of Lex Machina joins Goldberg Segalla's Jonathan Schwartz for a discussion of data analytics in the practice of law. Neil explains what clients can learn about private practitioners from available data, as well as how entities of all sizes can utilize data analytics to promote transparency in the law. Neil also shares some anecdotes about various firms’ successful use of data analytics in practice, including what they can learn about opposing counsel and judges. He concludes w...

Child Victims Act: California

December 17, 2019 17:32 - 11 minutes - 16.2 MB

Tom Segalla returns to host the show for a special series on the Child Victims Act: State by State. He welcomes Al Alikin, a partner in Goldberg Segalla's Los Angeles office, to begin the conversation in California. Tom and Al offer an overview of the law, compare the law to the New York equivalent, consider impacts to the insurance industry, and more. 

Biometric Privacy

December 10, 2019 19:24 - 18 minutes - 25.6 MB

Shiraz Saeed, National Cyber Practice Leader at Starr Insurance, joins Jonathan Schwartz on the show to share his insights on the regulation of biometric information. Shiraz explores the history of biometric information use and the regulatory response to the increased use of biometric information. He then discusses the contours of biometric privacy statutes, such as the Illinois BIPA. Shiraz also opines on how statutes like the Illinois BIPA have influenced the insurance industry, including ...

Deed Forgery in Real Property Transactions

December 03, 2019 05:00 - 31 minutes - 43.1 MB

Goldberg Segalla's James Macri and Marc Brown join Timely Notice to talk about deed forgery. The two discuss the types of fraud that exist in real property transactions and offer an overview of forgeries in real property documents. They also cover problems associated with deed forgeries, common fraud schemes used with alleged forgeries, and burdens of proof for forgery claims.

NCAA and Amateurism

November 12, 2019 05:00 - 19 minutes - 26.7 MB

Goldberg Segalla’s Joe Hanna, Dustin Osborne, and Anthony Kroese join Timely Notice to discuss the unanimous vote from the NCAA Board of Governors permitting student-athletes to benefit from the use of their name, image, and likeness. Dustin and Anthony debate how this change will affect college athletics, how this will affect the definition of amateurism, if college athletes should be able to profit at all, and much more.

E-Cigarette and Cannabis Industries: Protect the Public and Yourself From Vape-Related Illnesses

November 05, 2019 05:00 - 23 minutes - 32.2 MB

Goldberg Segalla’s David Choi and Adam Dolan join the podcast to talk about the rash of vape-related illnesses, and what the e-cigarette and cannabis industries should be doing to protect the public and themselves. The two discuss what is causing the illnesses, potential future litigation, allegations that may be raised, and how manufacturers can combat those allegations.

Pay it Forward Friday: Bunkers in Baghdad

November 01, 2019 15:26 - 15 minutes - 21.8 MB

Goldberg Segalla's Joe Hanna joins Jonathan Schwartz for this Pay it Forward Friday episode. Joe discusses the history of Bunkers in Baghdad, a not-for-profit charity that collects and sends golf balls, clubs, and equipment to troops around the world. Joe shares the motivation behind starting the charity, the impact it has made, and what he has learned along the way. 

Unpacking the California Consumer Privacy Act

October 29, 2019 04:00 - 25 minutes - 35.2 MB

Goldberg Segalla’s Al Alikin and Marc Voses join the podcast for an episode on the California Consumer Privacy Act (CCPA). Al and Marc discuss the intent of the CCPA, threshold requirements, and a comparison to the GDPR. They also dig into enforcement, exceptions to compliance, and coverage implications on violations. Plus, they share resources and materials available through the firm for more information on this topic. 

Online Sports Gambling

October 22, 2019 04:00 - 14 minutes - 19.8 MB

Goldberg Segalla's Dan Lust returns to the show to discuss the developing world of online sports gambling. Dan begins by exploring the Supreme Court’s 2018 Murphy decision. He then opines on the impact of the growth of online sports gambling on the insurance and risk management industries, with special attention to the potential for new and increased exposures as legalized gambling becomes even more widespread.

Social Media Due Diligence Before and During Trial

October 15, 2019 04:00 - 34 minutes - 47.2 MB

Goldberg Segalla’s Christina Holdsworth and Michael Appelbaum join the podcast to talk about social media due diligence before and during trial. Through the lens of his recent trial victory in supreme court, Mike shares his process of researching social media, considerations for presenting social media information to the courtroom, and tactics for moving that information into evidence.

Lithium Ion Battery Fires

October 08, 2019 04:00 - 24 minutes - 33.1 MB

Jason Sutula, principal fire protection engineer at Jensen Hughes, and Bob Hafner, partner in Goldberg Segalla’s Product Liability practice, discuss fire investigations involving lithium ion and lithium polymer batteries. The pair detail what causes these products to fail, as well as innovative developments to mitigate the propensity and effects of failure. Additionally, Jason and Bob delve into the evidence collection process, tips for mitigating exposure to liability following a fire, and ...

Conducting Effective Workplace Investigations

October 01, 2019 04:00 - 6 minutes - 9.31 MB

Goldberg Segalla’s Kristin Klein Wheaton and Reshma Khanna join Timely Notice to talk about conducting effective workplace investigations. They discuss what workplace investigations are, what should be investigated, and who should be involved. They also dig into why employers should conduct workplace investigations and how an investigation can serve as a risk management tool in avoiding and minimizing litigation.

Vape Pens: Toxic Time Bombs?

September 24, 2019 13:44 - 16 minutes - 22.2 MB

Jessica Butkera, a Toxic Tort defense partner in Goldberg Segalla's Baltimore office, joins the show to discuss vaping-related illnesses, or what’s behind the recent label, “Toxic Time Bombs.” Jessica explores why multiple deaths and scores of illnesses have been attributed to using e-cigarettes to vape and why this may only be the beginning given the staggering number of teens and young people vaping. Jessica evaluates if what we’re seeing is the first stages of an epidemic, the epidemiolog...

2019 Hurricane Season

September 17, 2019 04:00 - 17 minutes - 23.5 MB

Jared Greisman, co-chair of Goldberg Segalla’s Property Loss Subgroup, returns to the show to discuss first party property insurance claims and the severity of the 2019 hurricane season. Jared spotlights Hurricane Dorian and its recent devastation. He compares Dorian’s effects to other recent major storms. Jared concludes with advice on strategic resource allocation ahead of a major storm, as well as insights into Florida’s assignment of benefits reform law.

Commercial Drones

September 10, 2019 13:18 - 19 minutes - 26.2 MB

Chris Proudlove, of Global Aerospace, discusses the burgeoning industry of unmanned aerial vehicles (UAVs), also known as drones. He addresses the applicable FAA regulations and why they are stymying greater adoption of drones. Chris opines on the types of property damage, bodily injury, and personal injury exposures presented by drones. Chris then explores the various implementation of drones across diverse industries, including the insurance industry, in addition to rules and guidelines op...

Product Recalls

September 03, 2019 04:00 - 17 minutes - 24.2 MB

Simon Oddy, of Baker Tilly, joins the show to talk product and food recalls. Simon addresses the reasons for the increase in recall frequency, common mistakes and misconceptions held by manufacturers about the recall process, and the innovative responses by the insurance industry to the drastic increase in recalls.

Thursday Throwback: Cryptocurrencies and Initial Coin Offerings

August 29, 2019 04:00 - 31 minutes - 43.5 MB

Goldberg Segalla’s Todd Kremin returns to Timely Notice to update listeners on the implications of cryptocurrency use and the state of initial coin offering disputes.

Self-Handling of Claims

August 27, 2019 13:11 - 14 minutes - 19.7 MB

Demetrius Rush, of Zurich North America, discusses claims involving liability policies with significant deductibles. Demetrius discusses the push and pull in the relationship between a sophisticated policyholder, who must pay a significant portion of an adverse judgment or settlement, and the carrier, who is contractually obligated to provide a defense and resolve claims. Demetrius also discusses the extracontractual challenges where carriers are not allowed to handle the claim as they would...

Athletes & Fraudulent Diagnoses

August 14, 2019 17:54 - 21 minutes - 29.5 MB

Goldberg Segalla's Dan Lust returns to the podcast to discuss a recent major injury sustained by Kevin Durant of the Golden State Warriors. Dan discusses the various theories of liability Durant might allege, as well as how Durant might be able to avoid the workers’ compensation exclusive remedy provision under a theory of fraudulent concealment. Dan also provides his insight on what insurers should take away from this incident, as well as how the industry may prepare to confront athletes’ i...

Better Privacy Counsel

August 06, 2019 04:00 - 13 minutes - 18.7 MB

Markel's Lisa Brennan and Joe Niemczyk discuss the hallmarks of good privacy counsel. Lisa and Joe cover common qualities and important factors that privacy counsel should consider when faced with a cybersecurity incident. Lisa and Joe contrast this with common oversights made by less proficient counsel, often resulting in a detriment to their clients. Joe and Lisa conclude with thoughts on how to more effectively assist a panicked client undergoing a cyber incident.  

Artificial Intelligence in the Insurance Industry

July 30, 2019 04:00 - 20 minutes - 28.3 MB

Keith Marxkors, of State Farm, discusses the continued adoption of artificial intelligence by the insurance industry. Keith details how artificial intelligence is being incorporated into claims handling and the industry at large, while also exploring its costs and benefits. 

Industrial IoT

July 23, 2019 16:51 - 21 minutes - 29.2 MB

Howard Panensky, of Willis Towers Watson, and Matt Scott, of Envista Forensics, discuss the emergence of Industrial Internet of Things technologies and the insurance market’s reaction to this new exposure.

Third Thursday Throwback: Social Engineering Fraud Coverage

July 19, 2019 19:21 - 27 minutes - 37.9 MB

Joe Oliva, a partner in Goldberg Segalla's Manhattan office, returns to Timely Notice to provide an update on the litigation landscape for social engineering fraud coverage, and the insurance marketplace’s response.

Billing Audit Challenges

July 16, 2019 14:42 - 20 minutes - 27.5 MB

Stuart Paulson, of American National Property & Casualty Company, examines the costs and benefits associated with carriers’ utilization of legal bill auditors. Stuart addresses the relationship between carriers and outside counsel through the prism of carriers’ employment of auditors, including proactive steps carriers and firms can take to reduce friction in their relationship.

Managing Vendor-Related Cyber Risks

July 09, 2019 04:00 - 19 minutes - 26.5 MB

Emily Short, of Brush Creek Partners, discusses managing vendor-related cyber risks. Emily discusses case examples of vendors exposing clients to cyber attacks. She then provides tips for managing third-party vendor risk, as well as important considerations for conducting due diligence when choosing vendors. Emily also addresses the state of the cyber insurance market with respect to insuring vendor risk.

Perfecting the Pleading

July 02, 2019 04:00 - 12 minutes - 17.6 MB

Goldberg Segalla's Jim Rozak offers insights into why we should demand a well-pleaded complaint or counterclaim. Jim discusses procedural pleading motions and weighs the costs and benefits of bringing such a motion at each stage of a dispute. Jim explains the value of taking control of the litigation at the earliest stages, including narrowed discovery and a better shot at summary judgment. Jim closes with what carriers should consider when deciding whether to authorize a procedural pleading...

Third Thursday Throwback: Bad Faith Experts

June 27, 2019 19:25 - 22 minutes - 31.2 MB

Returning to offer additional insights on the first substantive episode we published, Goldberg Segalla’s own Tom Segalla provides tips for how insurance bad faith experts can and should stay current on key issues and decisions nationwide. Tom also addresses a problematic trend of insurance bad faith experts being retained late in the case.

Voluntary Payments and Compulsion

June 25, 2019 04:00 - 30 minutes - 41.9 MB

Ned Currie, of Currie Johnson & Myers, joins the podcast for a discussion of the Mississippi Supreme Court’s decision in Colony Insurance Co. v. First Specialty Insurance Corp. In the first part of the episode, Ned engages in a comprehensive summary of the underlying events giving rise to the coverage dispute, as well as the legal arguments advanced by each party. Ned then explores each party’s most persuasive arguments ahead of the high court’s review. Ned then returns to the podcast, after...

Recreational Marijuana Legalized in Illinois

June 18, 2019 04:00 - 18 minutes - 25.9 MB

Larry Mason and Adam Dolan join the podcast to discuss Illinois legislature’s recent legalization of cannabis. Larry and Adam highlight the key provisions of the new legislation and outline some of the policy considerations behind the statute. The duo also provides insights into how the new law will affect Illinois employers. Adam and Larry then close with their thoughts on how the insurance industry will be affected by the legislation and how insurers can prepare for the coming changes in I...

Assignment of Benefits Reform in Florida

June 11, 2019 04:00 - 10 minutes - 14.6 MB

Troy Beecher, a leader of Goldberg Segalla’s GIS Florida team, returns to the podcast to explain the Florida legislature’s response to the large-scale exploitation of assignment of benefits claims in the first party residential insurance context. Troy discusses the events that prompted the Florida legislature to pass the law, as well as the scope and mechanisms of the reform. Troy also offers some potential shortcomings of the Florida legislature’s response to assignment of benefits litigati...

Social Media Investigation

June 04, 2019 04:00 - 18 minutes - 25.8 MB

Dan Lust, a member of the New York State Bar Association’s Social Media Committee, and an attorney in Goldberg Segalla’s White Plains office, discusses the role of social media investigations and protections in litigation. Dan explains the discoverability of social media, as well as New York’s recently-adopted relevancy approach to the production of information published on social media. Dan also provides his take on the ethical implications of social media, including whether contact via soc...

Third Thursday Throwback: Malicious Prosecution Coverage

May 16, 2019 04:00 - 38 minutes - 52.5 MB

In revisiting a popular episode, Goldberg Segalla’s Larry Mason discusses a recent Illinois case on the trigger of malicious prosecution coverage. Larry explains how the court reached the outcome, why this case may be an outlier, and the potential dangers presented by the approach taken by the appellate court.

Cyber-CAT Coverage

May 14, 2019 04:00 - 17 minutes - 23.6 MB

Aarti Soni, Cyber Coverage Leader at Marsh, and Ayesha West, Vice President of Cyberinsurance at Everest Insurance, join the podcast for a discussion of Cyber-CAT policies. Aarti and Ayesha discuss the newest offerings associated with the latest iteration of Marsh’s Cyber-CAT policy, what they set out to do when designing Cyber-CAT coverage, as well as who would benefit from a Cyber-CAT policy. Aarti and Ayesha also explain how the Cyber-CAT policy differs from existing policies.

Hurricane Michael's Aftermath

May 07, 2019 04:00 - 17 minutes - 24.7 MB

Jared Greisman and Troy Beecher, two leaders of Goldberg Segalla’s first-party property coverage group, discuss the state of property claims resulting from Hurricane Michael. Jared and Troy begin with background on Hurricane Michael, one of the strongest hurricanes ever to make landfall in the United States. They walk us through Hurricane Michael’s devastating impact and the types of property claims that have begun to emerge. Jared and Troy explore first-party property issues that have arise...

Protecting SMEs from Cyber Threats

April 30, 2019 04:00 - 19 minutes - 26.9 MB

Danielle Roth, of AXA XL, joins the podcast for a spirited discussion about cybersecurity for small- and medium-sized enterprises. Danielle discusses the crippling effects a cyberattack can have on a small business. She outlines proactive steps these businesses can take to avoid a cyberattack and mitigate the resultant harm. Danielle also delves into what the cyberinsurance market has to offer for small- and medium- sized businesses.

Third Thursday Throwback: What’s a Suit in Florida?

April 19, 2019 13:49 - 26 minutes - 24.2 MB

In one of Timely Notice’s most downloaded episodes, Goldberg Segalla’s Dustin Blumenthal examined a Florida Supreme Court decision and its significant impact on construction defect coverage law. Dustin is back on the podcast a year later to discuss the key trends and approaches by policyholders and carriers in the Altman decision’s wake. He also forecasts important developments in the near future, including the interplay between CGL and E&O policies, resulting from uncertainty about what is ...

AIA General Conditions: A New Coat of Wax

April 16, 2019 13:20 - 18 minutes - 26.1 MB

Maura Krause, a Florida partner in Goldberg Segalla’s Construction Practice Group, discusses the 2017 revisions to the American Institute of Architects’ General Conditions form. She begins with background on the AIA’s use of the General Conditions and highlights why this form is an integral part of construction contracts. She then walks us through the significant revisions to the General Conditions. She concludes by discussing how the revisions will impact the construction industry and insur...

Appraisal Not Coverage

April 09, 2019 04:00 - 20 minutes - 28.8 MB

Steve Nassi, of Goldberg Segalla’s Global Insurance Services Practice Group, provides insight on the role of appraisal panels and how to prevent them from exceeding their authority. Steve teaches the importance of carefully limiting the scope of their authority, particularly with respect to complex coverage decisions. Steve then proposes several ways in which insurers can prospectively preserve their right to a remedy in the event of an extra-jurisdictional decision by an appraisal panel. 

Litigating with Sparse Insurance Law

April 02, 2019 04:00 - 22 minutes - 31.5 MB

Jeffrey Van Volkenburg, a leading insurance practitioner in West Virginia, discusses his experience litigating in a jurisdiction where many coverage questions remain unresolved. Jeff describes the importance of crafting nuanced and creative arguments, as well as strategic considerations in initiating coverage litigation in a jurisdiction with underdeveloped insurance law. Jeff then opines as to how West Virginia’s coverage law will advance in the coming years, especially in light of the ALI’...