Long-Term Care Centers, Officers and Directors : COVID-19 Liability and Risk Management
Preparing Long-Term Care Facilities for Claims Arising From Deaths and Injuries Due to COVID-19
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide attorneys for long-term care (LTC) facilities, LTC officers and directors, and LTC insurers with an in-depth and realistic look at the claims from a wide range of plaintiffs seeking damages for deaths, injuries, and damages blamed on COVID-19 and the facilities' response to the pandemic. The panel will also discuss available and viable defenses and how to prepare for expected litigation.
Outline
- Possible theories of liability for exposure to COVID-19
- Standard of care
- Causation
- Defenses
- Negating the elements of claim
- Immunity and waiver
- Mandatory arbitration
- Class actions
- Possible D&O claims
- Customers
- Securities
- Shareholders, investors, lenders
- Employees
- Regulatory investigations
- Employment overview -- Practical tips and regulatory requirements for the employer facilities to limit liability
Benefits
The panel will review these and other key topics:
- What claims are likely to be made against providers, officers, and directors?
- How can counsel prepare for the "profits over people" argument?
- What policy language is the most concerning for policyholders?
- What kinds of periodic review of internal and external risks should boards establish?
- What kind of expertise should the board have within its ranks?
- What kind of risk monitoring programs are most effective?
Faculty
Janet R. Barringer
Partner
Freeman Mathis & Gary
Ms. Barringer defends companies and individuals in a variety of matters ranging from employment claims to business... | Read More
Ms. Barringer defends companies and individuals in a variety of matters ranging from employment claims to business disputes to professional liability matters and has tried over 20 cases to verdict. Her peers have recognized her for inclusion in the Best Lawyers in America (Personal Injury Litigation: Defense) and as a Massachusetts Super Lawyer (Employment Litigation: Defense).
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Richard J. Bortnick
Partner
Freeman Mathis & Gary
Mr. Bortnick provides U.S. and international clients with sound, prudent and cost-effective representation and advice... | Read More
Mr. Bortnick provides U.S. and international clients with sound, prudent and cost-effective representation and advice on cyber and technology risks, exposures, and insurance as well as with respect to professional liability, D&O, and commercial matters that could be financially devastating to their bottom lines. He is well known throughout the business and public entity sectors for skillfully guiding his clients on pre- and post-cyber incident best practices and breach response management, including frequently interacting with state and federal regulators.
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Jill R. Dunn
Partner
Freeman Mathis & Gary
Ms. Dunn focuses her practice on representing clients in commercial matters, including numerous complex disputes... | Read More
Ms. Dunn focuses her practice on representing clients in commercial matters, including numerous complex disputes involving class action defense, investor derivative claims, securities fraud, whistleblower investigations and defense, franchisor/franchisee and dealer negotiations and disputes, fraud/misrepresentation, trade secret misappropriation, restrictive covenant enforcement and defense, computer fraud and theft and landlord/tenant disputes. She has experience representing healthcare organizations in matters involving fiduciary obligations, compliance, and contract-based disputes. Ms. Dunn also has experience handling defamation and disparagement claims. In addition, she focuses on professional liability defense involving accountants, attorneys, architects/engineers, and medical professionals.
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Michael P. Giunta
Partner
Freeman Mathis & Gary
Mr. Giunta specializes in complex civil litigation and has represented retailers, manufacturers, nursing homes and... | Read More
Mr. Giunta specializes in complex civil litigation and has represented retailers, manufacturers, nursing homes and assisted living facilities, corporations, individuals and insurers in product liability, premises liability, professional malpractice, commercial and contract disputes, trucking and motor vehicle tort, insurance coverage and unfair insurance claims and settlement practices, real estate litigation, and trust and estate disputes. He also serves as monitoring counsel for physical therapy and assisted living facility claims for specialty insurance programs underwritten in the London insurance market. Mr. Giunta has tried cases in the U.S. District Court and Massachusetts Superior, District, Land, Housing and Probate Courts, and appeared before the Massachusetts Appeals Court and Supreme Judicial Court.
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