David McMahon to Present at ACI 2013 Bad Faith Conference`

San Francisco partner David McMahon will speak on Understanding the Scope and Limits of Duty to Defend, Duty to Settle, and Initiating Settlement Negotiations at the upcoming ACI Bad Faith Litigation Forum (April 29-30, 2013 | Union League, PA).

Joining Mr. McMahon on the panel are Daniel W. Maguire, Partner, Burke, Williams & Sorensen; Mark S. Shapiro, Shareholder, Akerman Senterfitt; Robert N. Kelly, Director and Shareholder, Jackson & Campbell; and, David B. Drummy, Partner, Kightlinger & Gray.

For more information on the conference, click here.

Speaker at 2012 ACI Bad Faith Litigation Conference

Partner Michael Newman will be a panelist, along with Forrest S. Latta, partner, Burr & Forman LLP, at the 2012 ACI Bad Faith Litigation Conference (November 28-29, 2012 | Orlando, FL).

Michael and Forrest will speak on: Mitigating the Potential for Punitive Damages and Responding to Punitive Damage Claims When They Arise.

  • Recent punitive damage verdicts and appeals
  • Current federal constitutional limitations on punitive damages
  • State caps and other procedural restrictions on punitive damages: state statutory limitations on punitive damages; state judicial limitations on punitive damages; trends – statutory versus judicial limitations
  • How insurance companies can proactively guard against punitive damages
    • Bad faith cases are statistically the most dangerous (RAND)
    • How to recognize a dangerous bad faith case
    • The emotional and factual drivers common to every bad faith verdict
    • Procedural pitfalls to be avoided in defending punitive claims
    • Early motions and discovery in preventing the punitive award
    • Discoverability of the insurer’s fi nancial statements and other intrusive requests
    • Strategies for keeping punitive damage claims from reaching the jury
    • Post-verdict strategy for reducing punitive damages
  • Punitive damages in settlement negotiations
    • Should punitive damages be considered in settlement?
    • Evaluating the bad faith punitive damages claim
    • Related conflicts of interest
  • New rules impacting jurisdiction and venue in bad faith cases
    • Why jurisdiction and venue matters in punitive damage cases
    • Recent federal changes under the JVCA
    • How federal removal jurisdiction has expanded

If you would like more information on this presentation, please contact Michael Newman.