Attention:

Damages in the Age of COVID-19


Level: Advanced
Runtime: 92 minutes
Recorded Date: March 15, 2021
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Agenda

  • Complex Commercial Litigation
  • Mass Tort
  • Construction Industry
  • Franchise Industry
  • Employee Exposure to Virus
Runtime: 1 hour, 32 minutes
Recorded: March 15, 2021

Description

This program addresses the calculation of damages in the context of the ongoing COVD-19 pandemic. Our panel, consisting of three attorneys and two professionals from one of TIPS' sponsors, MDD, who will discuss the challenges associated with evaluating damages during the current crisis. The topics of discussion will include damages calculations in complex commercial litigation, mass tort, the construction industry, the franchise industry, and employee exposure cases."

This program was recorded on March 15th, 2021.

Provided By

American Bar Association

Panelists

Kristine Elkind

Partner
MDD Forensic Accountants

Kristine joined MDD Forensic Accountants Orlando office in 2000. She is a Partner at the firm.

Kristine’s expertise includes the quantification of economic damages related to lost profits, business interruption, extra expenses, construction claims related to builders’ risk, defects, contractor disputes & project delays, stock & contents, products liability & recall, personal injury & wrongful death, fidelity claims and fraud investigations.

Kristine routinely provides litigation support services to clients and has served as an expert witness in both state and Federal cases and provided testimony at deposition and trial. Kristine has also served as an appraiser in insurance claim disputes.

Much of Kristine’s work has been in the area of catastrophe services. She has handled hundreds of assignments resulting from tropical storms and hurricanes in the Caribbean and the East and Gulf Coasts of the U.S., as well as claims involving tornadoes, floods and earthquakes.

She has significant experience involving distributors, franchises, professional services, and retail & manufacturing operations. Kristine has performed forensic accounting services related to automotive, agriculture, aviation, banking, commercial and residential rental properties, construction, hospitality, healthcare, food processing, restaurants, tourism, transportation and a wide range of other industries.

She has presented seminars on business interruption, financial motive, stock & contents, lost profits, asset misappropriation, mortgage fraud and auto liability claims.

Kristine previously served on the Board of Directors for many years for the Florida Advisory Committee on Arson Prevention.

Kristine graduated from the University of Central Florida with a Bachelor of Science Degree in Business Administration.

Lisa Morris

Partner
MDD Forensic Accountants

Lisa joined MDD in 1998. In 2003, she left to work for The Hartford, assisting in the start of their internal forensic accounting program and gaining valuable knowledge of the adjustment process from an insurance company perspective. In 2008, she returned to MDD Forensic Accountant’s San Francisco office and she is now a Partner at the firm.

A seasoned forensic accounting professional, Lisa has worked on assignments involving lost profits, business interruption, business valuations, fraud, concealment & misrepresentation, fidelity claims, physical damages and products liability & recall.

She has provided litigation support related to commercial disputes and has been recognized as an expert witness in various courts and arbitrations on the West Coast.

Lisa graduated from California State University – Hayward with a Bachelor of Science in Business Administration degree with an emphasis in Accounting.

Matthew Moeller

Owner
The Moeller Firm

Matthew’s experience and practice primarily includes the representation of vessel owner and operators, contractors, and shipyards as well as other businesses in maritime, construction and commercial disputes. This experience includes the defense of Jones Act, Longshore Harbor and Worker’s Compensation Act, and maritime personal injury claims, maritime contractual disputes and maritime property damage matters, as well as the representation of marine insurers in insurance coverage matters. Matthew’s experience also includes the defense of insurers, hotel operators, and transportation companies in land-based personal injury actions.

Matthew represents shipyards in vessel construction and repair disputes and general and sub-contractors in breach of contract, non-payment, defective workmanship, and lien disputes. Matthew also represents businesses in actions concerning breach of contract, fraud, intentional interference with contract, unfair trade practices and trade secret violations, as well as real estate title and boundary disputes. Matthew has tried numerous cases to verdict, obtaining both bench and jury verdicts in favor of his clients.

In addition to his litigation practice, Matthew counsels maritime clients in the formation and negotiation of master service agreements, master time charter agreements, third party access and boarding agreements and vessel construction contracts. Matthew counsels other businesses in the preparation and negotiation of non-compete, non-disclosure, non-solicitation, and professional services contracts. Matthew serves as outside general counsel for numerous clients including the largest liftboat owner/operator in the Gulf of Mexico.

Michael Vercher

Partner
Christian & Small

Mike Vercher is a partner and the chair of Christian & Small’s Insurance Practice Group. Since 1999, he has represented insurance companies and their insureds in litigation.

Mike has successfully represented businesses in complex mass tort, workplace exposure, construction, transportation, product liability, premises liability, breach of contract and fraud litigation. He has tried cases as lead counsel in six different Alabama counties and in oral arguments before a full panel of the Alabama Supreme Court.

Mike is a frequent speaker at seminars – most recently presenting on the use in litigation of personal data collected by cutting-edge technology.

David Becker

Partner
Freeborn & Peters LLP

David Becker is a Partner in the firm’s Litigation and Intellectual Property Practice Groups and a member of the Consumer Products Industry Team and the Emerging Industries Team.

In recent years, David has been representing a consumer-product company in a highly contentious case involving trademark and copyright infringement, and false advertising claims. He has also been representing various clients enforcing and avoiding non-compete and non-solicitation agreements. He continues to handle patent-infringement matters involving a wide variety of technologies. Additionally, for the past several years, David has served as a national-coordinating attorney handling payor-provider disputes for a national operator of government-sponsored managed-care organizations. Throughout his career, David has counseled business clients in matters where technology and people intersect and, as a result, he represents clients in employment matters, trade-secret disputes, and corporate divorces.

More generally, David maintains a diverse litigation practice handling a broad range of complex commercial matters covering patent, trademark, and copyright infringement, trade secrets disputes, enforcement and avoidance of non-compete and non-solicitation agreements, healthcare payor/provider disputes, employment discrimination claims, fiduciary duty claims, common law fraud claims, contract disputes, and real estate disputes. In these matters, David regularly handles trials before juries, judges and arbitrators and has represented clients in federal courts, state courts, and before government agencies including courts in Illinois, California, Delaware, Florida, Georgia, Indiana, Michigan, Nevada, New York, New Jersey, North Dakota, Pennsylvania, Washington and Wisconsin, and the International Trade Commission.

David is an avid sports fan, cheering on the Bears, Blackhawks, White Sox and, if they again choose to field a competitive team, the Bulls. He is a music lover, appreciates off-the-beaten-path rock acts, and really misses spending time at clubs like Lounge Ax. These days, that means he’s been listening to a lot of songs by Courtney Barnett, Parquet Courts, and the Hold Steady. But he still loves spending time with the works of Bruce Springsteen and David Bowie. David also appreciates the fact that we are living in the age of “peak TV” and tries to carve out time to enjoy new shows and movies.

Adrian K. Felix

Associate
Bilzin Sumberg

Adrian’s academic background in the fields of math and science influenced his methodical approach to problem solving. An Associate in the Firm’s Litigation Group, Adrian focuses his efforts on complex commercial litigation ranging across a diverse spectrum of industries from financial services and construction to hospitality. Further, he has significant experience litigating a variety of business disputes, including breach of contract, misrepresentation, deceptive and unfair trade practices for domestic and international clients.

Adrian also has significant experience in franchise law, encompassing all issues related to the multifaceted legal relationship between franchisors and franchisees. Many of these franchises include start-up companies within the technology and healthcare industries including medical device manufacturers.


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