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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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show series
 
In this episode of The Defense Never Rests podcast, I am joined by "The Introverted Lawyer" professor Heidi K Brown. We get candid and vulnerable about the struggles of self doubt and fear of public speaking. Tune in to hear her amazing tips and tricks to help reprogram your brain and overcome your fears behind the podium. Be sure to check out Heid…
 
In this episode of The Defense Never Rests we are joined by the founder of LawyerUp, Umeesha D'Alwis. Tune in to hear this inspiring story of this 19 year old first generation immigrant, pre-law student who created her own virtual internship during a global pandemic. She is wise beyond her years!
 
At times, working as a defense attorney or as a claims professional can feel like trying to predict the future. And sometimes, that future is not necessarily certain. This is especially true in the world of construction claims. Claims professionals are having to looks years ahead to help their insureds navigate labor shortages, production delays an…
 
Sometimes when you are driving for a while on a straight, long road, you can fall into the trance-like state referred to as “Highway Hypnosis”. The road begins to blur. Your eyes feel heavy. Your brain is on auto pilot. You begin to feel like you are on the edge of sleep. It can be pretty scary. In the above scenario, the ticket to success is a lar…
 
What would happen if your company’s data was compromised? I know, like many things, we all think “oh well, that wont happen to us”. Until it does. And then what… Do you have insurance coverage for that? This week on the Defense Never Rests we are joined by Michael Cavanaugh, Chief Insurance Office of Fusion MGA who knows a thing or two about cyber …
 
Where do you think trust comes into play during litigation? “Trust?!” you say “this is litigation, there is no trust!” But hang on a second, think about your last successful mediation. Trust was probably a key component, even if it did not occur to you at the time. You trust your attorney to adequately assess the facts and damages and formulate a d…
 
What have you learned during your career in claims? I am not just talking the mechanics of handling and defending a claim. But practical real life lessons. Let’s face it – during our careers we learn a lot more than just how to do the job and do it well. There is so much more to it than that. This week on the Defense Never Rests we are joined by De…
 
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…
 
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 know…
 
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. Nowad…
 
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 …
 
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 …
 
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 philosoph…
 
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 Jef…
 
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, submi…
 
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…
 
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 encountere…
 
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 …
 
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 work…
 
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 …
 
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 …
 
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. …
 
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 suggestio…
 
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 believ…
 
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…
 
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…
 
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 st…
 
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…
 
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 yo…
 
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…
 
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 als…
 
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…
 
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 wha…
 
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…
 
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…
 
Do you know how implicit gender bias is impacting your workplace? It is not always easy to spot and the best of us may be guilty of it as well. Each year, nearly half of graduating law students are women. However, the number of women in partnership or managerial positions is grossly disproportionate to men. This trend is not just seen in the legal …
 
Have you wondered how to become a sports lawyer? What does a sports lawyer do? In this episode of The Defense Never Rests podcast, we are joined by Sam Burum, associate counsel for Harris Blitzer Sports & Entertainment. Sam currently works with the New Jersey Devils and The Philadelphia 76ers behind the scenes and he is here to answer those questio…
 
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