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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, August 25, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

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).

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.

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.

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.
Description
The demands on nursing homes, skilled nursing facilities, and senior living centers have never been more intense. Providers and their directors and officers face continually increasing and evolving liability claims from residents, staff, regulatory authorities, shareholders, investors, lenders, and politicians.
Risk and stress for all participants significantly increase when the mission-critical operations of the business are highly regulated and compliance is questioned through civil litigation and regulatory actions. Courts demand that management in highly regulated industries exercise more rigorous oversight.
Representatives of COVID-19 casualties will bring a multitude of claims against LTC facilities and regulators will seek accountability. While some claims will quickly fade, others will be viable.
Listen as this experienced panel discusses what claims and theories of liability to expect against providers and their management from the many different participants, what defenses exist and may have the most promise, and how to prepare now for increased regulatory scrutiny.
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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
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Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
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