Attorneys Carlino and Greenwood Preside Over Civics First Mock Trials
Attorneys Diana M. Carlino and Kierra Greenwood volunteered as Judges for the Civics First Middle School Mock Trial program. They presided over “criminal trials” in which middle school students served as the attorneys, and lay and expert witnesses. The “Judges” considered the students’ arguments regarding the admissibility of evidence and testimony, and issued their rulings in accordance with the Federal Rules of Evidence and Federal Rules of Civil Procedure. Civics First is a private, non-profit association that conducts and promotes law-related education programs in Connecticut’s public, private, and parochial schools.
Diana M. Carlino Presents to the Litigation Counsel of America
Attorney Carlino spoke about using radiology images as demonstrative exhibits at trial at the Litigation Counsel of America’s Renaissance Symposium XV at the Harvard Club in New York City on December 6, 2019. Her presentation, entitled Should you let your radiology expert get “real”? explored different ways to present radiology testimony at trial, and advantages and disadvantages of each approach. The Renaissance Symposium is an exclusive advanced trial series built around the idea of actual trial tactics and strategies. It is a full-day of immersion in dialogue and discussion between trial lawyers with years of experience, successes and verdicts.
DIANA M. CARLINO NAMED 2019 SUPERLAWYER
Attorney Diana Carlino has been named a 2019 Super Lawyers Rising Star in Connecticut, recognizing her achievement as being among the best 2.5% of attorneys under 40 years old in the state. This is her third consecutive year receiving this prestigious award.
Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, including verdicts/settlements, experiences, position within law firm, bar and/or professional activity. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
JAMES ROSENBLUM WAS NAMED A VICE CHAIR OF AN AMERICAN BAR ASSOCIATION SCIENCE AND TECHNOLOGY SUBCOMMITTEE ADDRESSING BIOMEDICAL TECHNOLOGY AND RELATED ISSUES.
In that regard, he recently attended a program at Arent Fox in Boston dealing with legal issues of medical devices under the rubric of the Internet of Things, i.e., devices which collect and transmit information for specific purposes. In this case, the device involved detecting and assessing concussions “on site,” i.e., where the incident occurred, and transmitting clinical data (biomarkers) to health care providers for relatively immediate determinations as to the nature and severity of the concussion (traumatic brain injury), and what the next clinical steps should be. . . . The technology is breathtaking and it’s ability to improve with improved algorithms is equally as breathtaking.
The financial implications of medical internet of things is staggering. The company estimated a $5 billion market, although that seems understated. On the other hand, insofar as the device might be subject to restricted reimbursement guidelines, perhaps that estimate is overstated. Only the venture capitalists probably know for sure.
What are the liability implications of medical “internet of things.” One obvious issue is the aggregation, storage and dissemination of patient data. However, this obvious issue is being addressed by segregating personal data from data which is needed for research and improvement of the products. Medical researchers have long (in internet time) been familiar with these processes. Another (very esoteric, probably) issue is whether biomarkers need to be weighted in some way, or whether biomarkers which should be considered are not being considered. That is probably unlikely given the sophistication of the technology.
DIANA M. CARLINO SELECTED AS A FELLOW OF THE LITIGATION COUNSEL OF AMERICA
Diana M. Carlino, has been selected as a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.
DIANA M. CARLINO ATTENDS LECTURE ON DATA-DRIVEN JURY SELECTION
On September 21, 2018, Attorney Carlino attended a lecture about the use of data-driven consulting in litigation at the CFA Society in New York City. The program covered the science and art of jury selection; use of data-driven analytics at trial; the value of jury pool surveys, mock juries and focus groups; and an examination of trial analytics.
Contact Diana Carlino at [email protected] to learn more about how data-driven jury selection and trial preparation can be used at your next trial.
James Rosenblum attended the 2018 American Bar Association convention in Chicago. Sessions attended included programs sponsored by the Section on Science and Technology, including Privacy and Security of Smart Cities, and Exposed and Insecure: Privacy and Cybersecurity in the US and the EU, presented by the Chicago-Kent School of Law, and Cybersecurity Wake-Up Call: The Business You Save May Be Your Own, presented by the Cybersecurity Legal Task Force. He also attended a meeting of the ABA Commission on the Jury.
James Rosenblum attended the American Bar Association’s celebration of the Declaration of Human Rights, held in Paris. It included presentations by leading experts on efforts by the American Bar Association and the United Nations, to promote human rights.
James Rosenblum successfully completed a six-week on-line course given by MIT on the “Internet of things,” including business and financial strategies for implementation. The course raised an array of legal concerns, including of course, privacy. While the internet of things is often considered to be home based, for things like appliances, it will have an enormous impact upon “smart cities,” with collection of data identifying when and where people travel. It will also have an impact on health care as it becomes more decentralized and as “smart devices” can effectively collect and transmit health care information. The “hospital” or the “doctor’s office” is clearly no longer the main repository of personal health care information.
DIANA M. CARLINO ELECTED TO THE CONNECTICUT BAR ASSOCIATION
Diana M. Carlino, Esq., Partner with Rosenblum Newfield, LLC, was elected by her peers in Stamford, Darien and New Canaan as to the Connecticut Bar Association House of Delegates for the Second District, for a three-year term effective July 1, 2018.
The Connecticut Bar Association (“CBA”) is a membership organization of Connecticut attorneys working to advance the principles of the practice of law and the public understanding of the law. As a member of the House of Delegates, Attorney Carlino will represent attorneys of the Second District in the policy making decisions of the CBA, including legislative policies, amendments to the Code of Professional Responsibility, and organization of the courts.
CRITTENDEN MEDICAL LIABILITY CONFERENCE
April, 2017. Mr. Rosenblum attended the Crittenden Medical Liability Conference in Miami, Fla.
CYBER SECURITY AND THE LAW
March, 2017. Mr. Rosenblum attended a 3-day conference on cyber security presented by Yale Center for Global Legal Challenges and the Yale Office of International Affairs in New Haven. The conference addressed cyber threats in business and in national security and increasing costs and complexity in addressing them. The focus was to bridge the divide between law, technology and business in cybersecurity. It included practitioners from leading law firms, cybersecurity technology experts, policy experts and academics working at the cutting edge of cybersecurity. It reviewed the technical threat landscape, the regulatory and legal landscape, and the process of making decisions about cyber-security. It also addressed ways to restructure the legal and regulatory landscape to better bridge the cyber-divide.
In particular, the program addressed the following topic:
- Vulnerabilities of networks
- Effective strategies for determining whether network vulnerabilities exist and the challenges faced in this regard
- Ways to safeguard networks including encryption and programs which divert malware into sinkholes
- Disadvantages of self-help remedies, such as hacking back and the limits of such remedies
- Use of international law enforcement to seek redress against cyber hackers / thefts and the limits of such remedies and
- The use, and limits of federal and local law enforcement in assisting privately owned networks
PRESENTATION TO LITIGATION COUNSEL OF AMERICA
On Dec 2, 2016, James Rosenblum gave a presentation to the Litigation Counsel of America’s Renaissance Symposium at the Harvard Club. The talk involved uncooperative clients and professional liability clients whose goals and approaches to litigation were divergent from their insurers.
JAMES ROSENBLUM PUBLISHES ARTICLE ON EXTRA CONTRACTUAL DAMAGES IN PIAA MAGAZINE
James Rosenblum published an article on theories of extra-contractual liability for alleged failure to settle claims in PIAA Magazine, published by Physicians Insurers Ass’n of America. The article is likely to be of interest to insurers facing such claims where exposure may exceed policy limits. It discusses traditional “bad faith” theories, as well as “negligent failure to settle” claims. It also provides guidelines for minimizing liability for such claims.
STATE HEALTH DEPARTMENT INVESTIGATIONS
How cooperative are State Health Departments in investigating claims, providing information, answering questions, and negotiating resolutions. The answer is that little information is usually forthcoming and charges are often unnegotiable. Health care providers need to be prepared early for hearings, even where charges seem unfounded. Jim Biondo has successfully handled several investigations in New York and Connecticut. [email protected] He can provide clients with the challenges presented by such investigations and deft ways of negotiating with these governmental agencies and challenging potentially adverse decisions.
GRAND ROUNDS PRESENTATIONS AT YALE-NEW HAVEN MEDICAL CENTER
Jim Newfield has been invited to give Grand Rounds presentations to medical staff at Yale-New Haven Medical Center in the Department of Urology and Department of Orthopedic Surgery (Oct, 2016).
POLICIES AND PRACTICES FOR MANAGED LONG TERM CARE UTILIZATION REVIEW AND FAIR HEARINGS
Jim Newfield has counseled Managed Long Term Care plans regarding design and implementation of policies and practices for utilization review and fair hearings. He has also represented care providers in connection with Medicaid Fraud Control Unit (MFCU) investigations and proceedings and Office of Medicaid Inspector General (OMIG) audits, investigations and actions. He also represents employers in connection with Group Self-Insurance Trust (GSIT) exposure and litigation, including defense of such actions and prosecution of claims against Trusts and Trust professionals and agents.
CONFERENCES AND SEMINARS
Rosenblum Newfield Attends Legal, Medical and Insurance Seminars
Rosenblum Newfield invests in ongoing medical as well as legal education, including attendance at medical specialty and insurance conferences and seminars. Following is a list of the meetings that its attorneys have attended and will be attending in the future.
In April, Attorney Jim Rosenblum attended a conference on anesthesia practice management presented, in part, by Tulane University. The conference addressed consolidation in the healthcare industry and how it is affecting anesthesia groups in particular. Featured speakers included leaders of the North American Partners in Anesthesia (NAPA), and business consultants to such groups, including investment banking firms. Issues included dealing with RFPs (requests for proposals to continue relationships with hospitals,), identifying and assessing potential merger partners, pros and cons of independent groups, financial assessments of groups, and related issues. A featured recommendation to add value to anesthesia groups was to establish “peri-operative surgical homes.” The concept is an extension of “medical homes,” which are intended to coordinate care resources. Since “home” and “surgery” don’t seem like an ideal match, a new, more accurately descriptive terms is likely to emerge. The evident point, of course, is that surgical planning and management after the recovery room, are important components of care. By enhancing these resources, anesthesia groups can help to solidify relationships with hospitals or out-patient centers where they work, with surgeons or proceduralists with whom they work, and of course, with patients.Providers do an excellent job with in-patient care. However, studies have indicated that post-discharge follow-up can be very important, as well. Patients may be well-treated but not “cured.” The stress of undergoing medical care is also eased by having a reliable, on-going resource. Enhanced patient care throughout all phases is clearly good for patients and, presumably, for the bottom line.
Mr. Rosenblum gave a presentation on dealing with recalcitrant expert witnesses.
Chartis Defense Counsel Meeting, Wash., DC., Oct.
Litigation Counsel of America, Boston, Mass, Oct.
Presentations included diverse litigation issues from experienced counsel, including jury selection, issues in employment cases, etc.
Where Attorney J. Rosenblum talked about fetal inflammatory response syndrome as a defense to obstetrical liability claims.
Boston, Dec. 11- 12, ’09.
Defense Research Institute “Law Firm Best Practices,” New York, Dec 3-4, ’09
Physician Insurers Association of America Claims Conference, San Antonio, TX, Oct. ’09
The Humanities in Medicine, NY Acad of Medicine, Oct. ’09.
Insurance Coverage/Medical Liability, Crittendon, Philadelphia, Oct. ’09
Bad Faith Litigation and Extra-Contractual Damages, DRI, Boston, June, ’09
Obstetric Malpractice Liability, IQPC, Phila, Pa , Feb 24-25, ’09.
Placental pathology: Harvard Continuing Medical Education Program, on placental pathology at Mass General, Oct, 2008.ASHRM, Boston, Oct., 2008.