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Damages in Sexual Misconduct Cases: A Data-Driven Approach to Controlling the Outcome



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Description: This presentation will assist claims managers and their outside counsel in creating an infrastructure to assess and control damages in sexual abuse cases. The presenters will discuss methods for using local rules regarding joint tortfeasor damages distribution to benefit business and corporate clients and the value of protecting your insured and client’s reputation in negotiating and settling these claims.
 
 
Presenter Bios (to be included with description of program)
 
Ashley R. Lynam is a partner in Montgomery McCracken’s Litigation Department, Chair of the firm’s Sexual Misconduct Liability Practice Group and Institutional Response Practice Group, and Co-Chair of the firm’s Higher Education Practice Group and Digital Crisis Management Practice Group. She handles the investigation and defense of claims for clients including high profile commercial organizations, sports teams, homeowners, hotels, educational institutions, charitable and social services organizations and more. These claims often involve third party criminal acts, children and the elderly and other complicated areas that require precision and skill to successfully navigate, advise upon and defend. Ashley has considerable experience in the analysis, implementation and evaluation of written sexual assault and molestation policies and procedures, as well as the proactive investigation of alleged sexual assault and representation of corporate representatives, current and former employees and independent contractors, and other witnesses for deposition and trial. She also provides wrap-around crisis management services to clients in the public, private, college and university setting, specializing in VAWA and Clery Act compliance as well as investigating, adjudicating, and advisory services under Title IX and student conduct policies. Ashley is certified by the SUNY Student Conduct Institute.
 
As a former senior rape prosecutor with the Philadelphia District Attorney’s Office and head of that office’s Human Trafficking Division, Ashley approaches each matter with sensitivity to the nuanced and correlated legal issues that arise in ever-changing employment and educational environments. She is well-known for vigorously protecting her client’s confidentiality while nevertheless providing an aggressive defense, given the sensitive nature of sexual misconduct claims. Ashley has tried several suits to jury and has also obtained successful resolutions via summary judgment and other motions, all while managing her client’s important privacy, public interest and policy concerns throughout litigation and resolution.
 
Ashley also has extensive experience in rapid-response investigations for catastrophic and high-exposure losses as well as intensive special investigations of fraudulent claims and misconduct. Combining her law enforcement background with increasing use of technology, data, and analytics, she has helped identify and combat questionable claims through the identifications of patterns of fraudulent conduct and networks. Ashley conducts first-party investigations including examinations under oath and coverage opinions for claims involving PIP, fire and casualty losses, premises liability, multi-jurisdictional rate evasion, suspected arsons, thefts, and personal articles policy claims. She also investigates suspected medical provider fraud, attorney solicitation, and unreasonable and abusive billing procedures in third-party investigations and litigation. Ashley works closely with both local and national fraud-fighting agencies, including the National Insurance Crime Bureau (NICB), International Association of Special Investigation Units (IASIU), and local and federal law enforcement authorities to offer collaborative and comprehensive services to her clients.
 
 
Kacie E. Kergides is an associate in Montgomery McCracken’s Institutional Response Practice Group as well as its Catastrophic Sports Injury Defense Practice Group. Kacie concentrates her practice on Title IX investigations and advising, institutional response to sex and/or gender-based harassment and misconduct and the adjudication of student, employee and management disputes, and sports injury cases including traumatic brain injury (TBI) litigation. In addition to handling investigations and litigation in both practice areas, Kacie counsels athletes, schools, and sports organizations on sports-related injuries such as concussion and TBI, provides guidance on the management of sport-related injuries and Title IX complaints, and advises these institutions on minimizing and managing risk.
 
Kacie has recently presented on recent federal changes to Title IX regulations and the specific role of advisor in the institutional setting. Kacie also has presented on minimizing risk exposure and compliance-related issues at various law schools and undergraduate universities including Villanova School of Law and the University of Michigan, and before various sports organizations, including the Eastern Athletic Trainers’ Association.
 
Prior to joining Montgomery McCracken, Kacie was a Legal Extern in the compliance office at the University of Pennsylvania Athletics Department and a Legal Intern for the NBA Coaches Association. During law school, Kacie was a legal fellow to nationally-recognized sports executive Andrew Brandt in the Jeffrey S. Moorad Center for the Study of Sports Law.


Practice Areas: Business Organizations & Contracts, Complex Litigation, Personal Injury & Negligence
Online Media Type: Audio
Production Date: 01/24/2022
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: On Demand

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 

 

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Credit Eligibility:
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Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: 01/23/2025
Training Type: Online

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Speakers:
Ashley R. Lynam, Esq. - Montgomery McCracken Walker & Rhoads, LLP
Kacie E. Kergides, Esq. - Montgomery McCracken Walker & Rhoads, LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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