Temecula, California – Saxe Doernberger & Vita, P.C. (“SDV”) opened its doors in 1996 with three lawyers in a small office in New Haven, Connecticut. Twenty-seven years later, SDV is a “boutique” national insurance coverage law firm with four offices locations in Connecticut, California, Florida, and New Jersey. This year, the West Coast office in Temecula, California will celebrate seven successful years of business growth and expansion.
SDV’s West Coast office first opened its doors in Temecula, California in December 2016. The office has grown exponentially and boasts a team of highly experienced legal professionals. “The continued success of our office is about sharing the vision and values of our founding Partners with the next generation of lawyers,” says Jeremiah Welch, Managing Partner at SDV West Coast. “I am fortunate to be surrounded in our office by some of the most talented and effective future leaders in our profession. To me, this practice is about helping our clients solve critical problems through the application of analytical thinking, creativity, and tenacity.”
Offering significant value to client and partner relationships is the core of SDV’s success. Strong relationships with like-minded individuals help SDV thrive and earn the respect of its clients and colleagues. The firm has stayed true to that model to this day.
SDV is now proudly located at One BetterWorld Circle, Suite 300 in Temecula, California.
SDV is among the elite law firms in the country representing policyholders in insurance coverage disputes and one of the even fewer national firms whose practice is focused exclusively in this area. Our clients span a broad range, from individuals to international corporations, and reach across all industries. No matter who or where you are, SDV is the right choice for policyholders.
www.sdvlaw.com

Trumbull, Connecticut, May 25, 2023– Saxe Doernberger & Vita, P.C. is honored and proud to announce that we have achieved Mansfield Rule Certification! SDV is one of 70 mid-sized law firms across the nation that have completed a rigorous 18-month collaboration with Diversity Lab to track, measure, and achieve diversity in the legal field.
Mansfield Rule Certification recognizes the structural changes and actions the firm has taken over the past year and a half to diversify hiring and firm leadership. In practice, this means that whenever SDV makes a decision regarding attorney hiring or who to appoint or elect to leadership roles, we proactively consider a broad slate of talent including candidates who are historically underrepresented in the legal field. As evidenced by achieving Mansfield Rule certification, SDV has made it a priority to ensure that our processes for hiring and advancement at the firm are transparent and accessible.
This was a firm-wide effort, but special thanks go out to Rachel Pearson and to SDV’s Diversity, Equity & Inclusion Committee for their hard work and dedication to the goals of the Mansfield Rule. “In following the Mansfield Rule, there is a template and path forward for continued growth in all the areas of diversity, equity, and inclusion. Institutionalizing the Mansfield principals at SDV has made us a better firm at every level,” says Kerianne Kane Luckett, Chair of SDV’s Diversity, Equity & Inclusion Committee.

Saxe Doernberger & Vita, P.C. is among the premier law firms in the country representing policyholders in insurance coverage disputes. SDV serves clients throughout the United States and internationally and has offices in Trumbull, Connecticut, Basking Ridge, New Jersey, Naples, Florida, and Temecula, California. To learn more about SDV and our full line of legal services visit www.sdvlaw.com.

PORTLAND, Maine (May 24, 2023) – Littler, the world’s largest employment and labor law practice representing management, has added James Thelen as of counsel in its Portland, Maine office. Prior to joining Littler, Thelen was a higher education consultant, as well as general counsel and chief legal officer at the University of Maine System, a statewide system of seven public universities. While there, he also served as vice chancellor for strategic initiatives and chief of staff.

“We are thrilled to welcome Jim as the newest member of our Portland office,” said Michael Mankes, Littler’s Portland office managing shareholder. “Jim is a highly qualified strategic partner for employers in the higher education and labor and employment spaces. His executive higher education experience and labor and employment background make him an excellent addition to the team and a great resource to our clients.”

Thelen is a seasoned labor and employment lawyer who has worked both in private practice and as general counsel and chief legal officer at public and private higher education institutions. With his experience, he helps large public and private institutions understand how labor and employment practices and legal risk impact long-term institutional strategy and performance. Thelen provides legal advice and counsel and represents higher education institutions and other entities in state and federal labor relations matters and administrative hearings, union campaigns and representation, collective bargaining, board governance matters, and more.

Thelen’s previous higher education experience includes four years as associate dean for legal affairs and general counsel at Thomas M. Cooley Law School, as well as a stint as assistant general counsel and lobbyist for Western Michigan University. He also worked for more than a decade in private practice as a labor and employment lawyer at a large firm in Michigan, where he is still licensed to practice.

“Like so many other industries, higher education will face challenges and disruption over the next decade. Jim’s vast experience in higher education is impressive and encompasses all aspects of operating an institution in both the public and private sectors. He will be an excellent resource to counsel our clients and expand our work and service to colleges and universities as they confront legal challenges, manage risk, and develop long-term institutional strategies,” said Darren Gibson and Barbara Gross, co-chairs of Littler’s Higher Education industry group, in a joint statement.

Thelen earned his J.D., cum laude, from Tulane University Law School and his B.A., magna cum laude, from Western Michigan University.

About Littler

With more than 1,700 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

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TYSONS CORNER, Va. (May 23, 2023) – Littler, the world’s largest employment and labor law practice representing management, has added Thomas Lucas as senior counsel in its Tysons Corner office. Lucas was previously a principal with Jackson Lewis, where he formerly served as the office managing principal of its Norfolk, Virginia office.

Lucas’ practice covers the full scope of labor and employment law. He has extensive experience in traditional labor law and employment discrimination litigation, and frequently represents employers in matters arising under the National Labor Relations Act, Title VII of the Civil Rights Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and related state laws and common law workplace claims.

In his litigation practice, Lucas has tried cases before the National Labor Relations Board (NLRB), the Department of Labor, the Equal Employment Opportunity Commission, and in federal and state courts throughout the mid-Atlantic region and nationally. Prior to entering private practice, he worked for the NLRB as a trial specialist and deputy to the assistant general counsel.

“Tom is an excellent addition to the firm and our Tysons Corner office,” said Michael S. Mclntosh, Littler’s Tysons Corner officing managing shareholder. “With 30-plus years of experience defending employers before federal, state and regulatory agencies, as well as an experienced practitioner’s knowledge of the NLRB, he is well positioned to provide the sophisticated counsel our clients have come to expect. Moreover, his long-standing ties with the Hampton Roads area better positions Littler to assist clients in that region of Virginia, where Tom will continue to practice and reside with his family.”

In addition to his litigation practice, Lucas counsels employers on the full range of employment-related issues – from drafting employee handbooks, policies and noncompete agreements to training management in the traditional labor relations and non-discrimination arenas. Throughout his career, he has advised a wide range of corporate clients, including in the manufacturing, government contracting, maritime, ship repair and healthcare industries.

“I’m excited to join Littler’s Tysons Corner office and further expand my practice across the mid-Atlantic region, as well as nationally,” said Lucas. “Littler’s global platform is unmatched, and I look forward to drawing on the firm’s extensive resources, innovative offerings and deep bench of talented attorneys to better serve our clients.”

Lucas received his J.D. from The Catholic University of American Columbus School of Law, an M.S. in Labor Law and Collective Bargaining from the Cornell University School of Industrial and Labor Relations, and his B.A from Hobart College.

About Littler

With more than 1,700 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow.

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Headline:
Ability Housing Appoints Thomas J. Daly, Jr. as Chief Operating Officer

Subhead:
Daly brings 20+ years of housing, finance and legal experience to the role

May 23, 2023 — Jacksonville, Fla. — Ability Housing, a nonprofit developer of affordable multifamily housing, today announced the appointment of Thomas J. Daly, Jr. as the organization’s Chief Operating Officer, effective April 11, 2023. He brings more than 20 years of housing, finance and legal sector experience to the position.

In his new role, Daly oversees the nonprofit organization’s business operations as it expands its portfolio in multiple regions of Florida. He is responsible for managing the property development strategy, including an estimated 375 units of housing anticipated to begin construction this year; asset management policies for the organization’s 800+ apartment and scattered-site homes across the state; programs that serve nearly 1,900 residents each day, executes the business plan and is accountable for financial performance.

Most recently, Daly served as the City of Jacksonville’s Chief of the Housing and Community Development Division. Under his leadership, the division developed more than 1,400 new rental housing units within the urban core by effectively managing city, state and federal funding programs.

“Tom has significant experience in the affordable housing sector, and has been a trusted collaborator of Ability Housing for many years. His familiarity with our projects and programs, as well as the complex legal and financial requirements of our industry, made him the perfect choice to guide our continued growth and mission fulfillment,” said Shannon Nazworth, President and CEO of Ability Housing.

Daly’s career in the affordable housing sector spans several roles in both the public and private sector. Prior to his tenure as Chief of the Housing and Community Development Division, he served nearly five years as the Manager of Finance for the Downtown Investment Authority — a role that helped bring more than 1,000 new affordable, workforce, student and market-rate housing units to Downtown Jacksonville. Additional positions that contributed to his professional acumen include Vice President, Public Finance for Raymond James & Associates; Assistant Vice President, National Housing Group for Evensen Dodge, Inc.; and Senior Financial Analyst for the Indiana Housing Finance Authority. He also served two years as an attorney for Lewis, Longman, and Walker, P.A.

He holds a Bachelor of Science in agricultural economics from Purdue University, a Master of Public Affairs with a concentration in public finance from Indiana University and a Juris Doctor from Florida Coastal School of Law. He is a Certified Housing Development Professional through the National Development Council, and an active member of the Jacksonville Bar Association and American Bar Association.

“Knowing what Ability Housing is all about, and seeing how they build and manage housing for the greater good, made me want to be a part of its future success,” said Daly. “The firsthand experience I have gained working with Ability Housing fostered my deep respect for the organization; respect not only for the organization’s work, but also for how the leadership team carries out its mission of building strong communities where everyone has a home. I am honored to have the opportunity to serve our current and future residents who trust Ability Housing to provide a safe, stable and affordable home.”

For more information about Ability Housing, including open staff positions, visit abilityhousing.org.

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About Ability Housing:
Ability Housing is an industry-leading not-for-profit multifamily rental housing developer dedicated to creating high-quality affordable housing. We invest in communities through properties that enhance their surrounding neighborhoods, improve each community’s quality of life, and connect residents with a network of voluntary support services.

For more information, visit AbilityHousing.org, like the organization on Facebook (facebook.com/AbilityHousing) and follow on Twitter (@AbilityHousing).

Jessica Kenney Bonteque has joined Duane Morris LLP as a partner in the firm’s Business Reorganization and Financial Restructuring Practice Group in its New York office. Prior to joining Duane Morris, Bonteque was a partner at Moses & Singer LLP.

“Our growth momentum continues across our platform and it is exciting to add talent able to assist clients as they navigate challenging, even turbulent times in business,” said Duane Morris Chairman and CEO Matthew A. Taylor. “Duane Morris has a very active business reorganization and financial restructuring practice and we will continue to cultivate and expand our team.”

“With her broad experience in developing innovative solutions for both debtors and creditors, Jessica enhances our service offerings,” said Meagen E. Leary, co-chair of Duane Morris’ Business Reorganization and Financial Restructuring Practice Group.

“We are pleased to expand our litigation team. Jessica brings a unique understanding of this space, having spent time representing every major constituency in a case,” added Wendy M. Simkulak, co-chair of Duane Morris’ Business Reorganization and Financial Restructuring Practice Group.

“Jessica adds an expanded capability to our New York office,” said Michael D. Grohman, co-managing partner of the firm’s New York office. “Jessica is great fit for the group and a great addition to Duane Morris,” added James J. Coster, co-managing partner of the firm’s New York office.

Bonteque is experienced in representing secured and unsecured creditors, debtors, official committees of unsecured creditors, equity holders, purchasers of distressed assets and other parties in interest in a wide range of restructuring matters, including cases under Chapter 11 of the United States Bankruptcy Code, out-of-court restructurings and cross-border insolvency proceedings. She has represented creditors and debtors faced with insolvency situations in a variety of industries including healthcare, transportation, shipping, retail, gaming, oil and gas, storage, farming and dairy, and food and beverage. Bonteque has also participated in a wide variety of litigation in federal and state courts involving fraudulent conveyance actions, breaches of fiduciary duty, secured and unsecured financings, letters of credit, foreclosures and the enforcement of guaranties. She is a recipient of the 2017 Turnaround of the Year Award: Mid-Size Company from Turnaround Management Association and the 2017 Healthcare/Life Sciences Deal of the Year award from M&A Advisor.

“Beyond the strength of the firm’s business reorganization and financial restructuring team, I am excited to utilize the firm’s large platform to expand my practice,” said Bonteque.

Bonteque is a graduate of the Arizona State University (J.D., with honors, 2008), where she was a Pedrick Scholar, and Northern Arizona University (B.A., cum laude, 2005).

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.

New research by Littler, the world’s largest employment and labor law practice representing management, shows U.S. employers facing fresh hurdles in 2023, from shifting working models and stepped-up regulatory enforcement to accelerating adoption of artificial intelligence (AI) technology.

The Littler® Annual Employer Survey, 2023 reveals how organizations are mitigating risks, seizing new opportunities and laying the foundation for the future workplace as they navigate headwinds including economic uncertainty and a growing patchwork of local, state and federal laws.

Now in its 11th year, Littler’s survey draws on insights from 515 in-house lawyers, C-suite executives and human resources professionals based across the U.S.

Hybrid Work, Disability Accommodations Are Here to Stay

The hybrid work model appears to have staying power in the U.S. More than 70% of the employers surveyed have workforces operating on a hybrid work schedule, and, despite economic uncertainty and layoffs at major companies, just 20% of respondents believe that the easing of the tight labor market is helping their organizations push for more in-person work. Only 16% say their organizations require fully in-person work – a figure that is roughly half the 30% of respondents who said the same in Littler’s 2022 European Employer Survey Report.

“In an environment where some hybrid work is likely to remain the norm, employers need to pivot away from crisis management and toward intentional remote work structures that can be broadly applied and consistently enforced,” said Littler shareholder Devjani Mishra. “Given the current spotlight on equity, transparency and employee well-being, company leaders need to develop and communicate their remote work policies clearly and consistently to promote employee engagement and satisfaction.”

The pandemic also spurred a rise in employee requests for disability accommodations and leaves of absence: 65% of respondents, for instance, report receiving an increase in requests related to mental health conditions. Nearly a quarter (22%) have seen increased requests related to long COVID or other post-COVID conditions. In addition, 50% of employers surveyed have expanded their policies for disability accommodations and/or leaves of absence since the start of the pandemic.

Employers Are Bracing for Heightened Regulatory Enforcement, Increasingly Active State Legislatures
Paid sick and family leave requirements topped a list of employment law changes that employers expect to impact their businesses in the year ahead (selected by 71% of respondents), as the patchwork of state and local requirements in this area continues to grow. Other employment law changes that are top-of-mind with respondents include pay equity, overtime pay and other income equality-related measures (67%); data privacy regulations (54%); and inclusion, equity and diversity (IE&D) considerations (53%).

“Given the era of divided government, many of the most significant changes impacting employers this year continue to come at the state and local levels,” said Michael Lotito, co-chair of Littler’s Workplace Policy Institute (WPI). “In the absence of comprehensive federal legislation governing such areas as paid leave, data privacy and minimum wage, state lawmakers are frequently taking the lead.”

Despite the scale of legislative changes, employers have done considerable work to prepare for new laws coming into force. The vast majority of respondents (91%), for example, feel prepared to comply to some extent with pay transparency laws requiring the disclosure of salary ranges, as well as with the California Privacy Rights Act, which applies comprehensive data protection to HR data.

WPI Executive Director Shannon Meade notes that in response to this proliferation of state and local workplace laws, “employers are increasingly looking for state-by-state analyses to understand the various laws and obligations before making critical operational decisions, such as where to expand their businesses.”

On the federal level, employers are also anticipating a substantial impact on their workplaces stemming from enforcement by various regulatory agencies. This year’s survey saw a particular rise in the expectations regarding enforcement by the National Labor Relations Board and compliance with its requirements, with 61% expecting a moderate or significant impact, up from 43% in the 2022 survey. Respondents also expect a moderate or significant impact from rulemaking and enforcement by other key federal agencies, including the Department of Labor’s Wage and Hour Division (68%) and the Equal Employment Opportunity Commission (65%).

AI and Other New Technologies Pose Opportunities, Challenges

An increasingly remote and decentralized workforce has drawn greater attention to software that can track and monitor the activity of white-collar workers. However, the survey data finds employers split on the use of employee-monitoring technology, with 45% already using it and 41% not using or considering such applications. Employers identified a range of concerns in using such technology, including the impact on employee morale and privacy law compliance, which were both cited by 65% of respondents.

“When considering the implementation of employee-monitoring tools, it’s important for employers to carefully weigh the risk factors against the technology’s benefits,” Britney Torres and Mickey Chichester, Littler shareholders and members of the firm’s Global Workplace Transformation Initiative, said in a joint statement. “While some companies may see a significant productivity improvement, simply collecting data does not necessarily result in actionable insights and could unnecessarily increase the likelihood of compliance issues.”

AI tools are also increasingly being used by employers for a variety of essential HR functions. At a time when HR departments are increasingly stretched thin, respondents identified the greatest advantages of such tools as speeding up processes (63%) and reducing workloads and providing cost-efficiencies (59%). At the same time, respondents expressed concerns about the potential for systemic biases (59%) and employment-related discrimination (52%).

“AI tools will be an integral component of the future workplace, and organizations that do not take advantage of the benefits of these tools risk losing a competitive edge,” said Littler shareholder Niloy Ray, who helps lead the firm’s efforts to counsel on AI in Human Resource Decisions. “However, the lack of regulatory certainty and the potential risks make it critical for employers to adopt these tools with purpose and compliance top-of-mind.”

Despite that, half of respondents say their organizations are taking a wait-and-see approach when it comes to developing policies on the use of generative AI technology – and a surprising number, 40%, say their organizations have no policies in place and do not intend to implement any.

Brouse McDowell is pleased to announce several leadership appointments, effective immediately.
• Partners Nicholas P. Capotosto and Michael P. O’Donnell have been named Co-Chairs of the firm’s Litigation Practice Group.
• Partner Paul A. Rose has been named Chair of the Insurance Recovery Practice Group.
• Partner Patricia A. Gajda has been named Co-Chair of the Business Transactions & Corporate Counseling Practice Group, joining Daniel L. Silfani.
• Partner Laura F. Fryan has been named Co-Chair of the Health Care Practice Group, joining Christopher M. Huryn.
The firm’s managing partner Daniel Glessner states “I am pleased to congratulate these partners on their Chair and Co-Chair appointments, and I want to thank them for their continued leadership.” More information on each of these attorneys can be found below.
Nicholas Capotosto has been with Brouse McDowell for the entirety of his legal career. He has served as an elected member of the firm’s Executive Committee and on the firm’s Associate Review Committee. Nick’s focus is representing clients in litigated matters, and he has extensive experience in business and shareholder disputes, enforcing non-competition agreements, and defending against product liability claims. Nick has handled large, complex probate and estate litigation involving high net worth clients and closely held businesses. Nick also has extensive experience in matters involving title insurance policies and real estate disputes. Clients have called upon Nick to represent them in high stakes litigation matters in state and federal courts all over the United States. Nick served in the U.S. Air Force and attained the rank of Captain. He earned his BS from the United States Air Force Academy, his MBA from Western New England College and his JD, cum laude, from The University of Akron School of Law.
Michael O’Donnell has a wide variety of complex litigation experience, including product liability, contract disputes, premises liability, employment, insurance recovery, trade secrets and real estate. He also has significant first and second chair jury and bench trial experience as well as appellate experience before state and federal courts throughout Ohio. He previously served as Co-Chair of the Litigation Practice Group and is looking forward to returning to this role. He also served as a member of Hiring Committee and managed the firm’s Summer Associate Program. Michael will serve as the President of the Lawyer’s Guild for the 2023 – 2024 year and is a Master Bencher in the John M. Manos Inn of Court. He is a former member of the Supreme Court of Ohio Commission on the Rules of Practice and Procedure. He earned his BSBA in Finance from John Carroll University and his JD, summa cum laude, from Cleveland-Marshall College of Law.
Paul Rose founded the firm’s Insurance Recovery Practice Group and is an experienced business litigator focusing with particular focus on cases concerning complex insurance coverage disputes. He often assists clients in obtaining insurance recoveries without resorting to litigation. He has led seminal cases and has practiced in trial and appellate courts throughout Ohio and in the Ohio Supreme Court, as well as the courts of various other states. He also has appeared in various federal courts, including the Sixth Circuit Court of Appeals and the United States Supreme Court. He is a past chair of the firm’s Environmental Practice Group. He has served as President of the Scanlon Inn of Court, which is the Akron Chapter of the National Inns of Court. Paul is certified as a Specialist in Insurance Coverage Law by the Ohio State Bar Association. He is ranked in Band 1 for Insurance (Ohio) by Chambers USA (2020-2022) and The Best Lawyers in America© in the Insurance Law and Litigation – Insurance sections (2013-2023). He earned his BA, with special distinction, from the University of Oklahoma, and his JD with honors, from The Ohio State University Moritz College of Law.
Patricia Gajda has served on the firm’s Executive Committee since 2013. Her practice focuses on corporate transactions and M&A, general corporate counseling, and joint ventures. She has extensive experience negotiating and structuring acquisitions, mergers, divestitures, equity investments, joint ventures, corporate structuring, development agreements, licensing agreements, general supply and other commercial agreements, and corporate succession planning. Pat has advised and represents both privately held and publicly traded clients. In 2023, Pat was named Commercial Transactions/UCC “Lawyer of the Year” in Cleveland by The Best Lawyers in America© and has been recognized by The Best Lawyers in America© for Corporate Law since 2018 and for Commercial Transactions/UCC Law since 2015. Pat has served on the Board of Bar Examiners for the state of Ohio since 2019. She earned her BSBA, magna cum laude, from John Carroll University, and her JD, magna cum laude, from Case Western Reserve University School of Law.
Laura Fryan focuses her practice on counseling health care providers, hospitals, health plans, and health care companies. She has experience providing strategic guidance and legal advice to assist providers and business owners with a variety of issues including HIPAA, Stark and Anti-Kickback compliance, vendor agreements and employment contracts, overpayments and government investigations, reimbursement from commercial and government payors, facility bylaws and peer review plans, and state and federal licensing. She also facilitates transactions, including joint ventures, leasing of physician practices, and the buying and selling of hospitals, physician groups, and other health care related entities. Laura currently serves as Chair of the Marketing Committee. She was recognized as an ‘Up and Coming’ attorney in Healthcare (Ohio) by Chambers USA 2022 and as a ‘One to Watch’ for Health Care Law by The Best Lawyers in America© in 2022 and 2023. She earned her BA from Grove City College before earning her MBA from The University of Akron, and her JD, summa cum laude, from The University of Akron School of Law.
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About Brouse McDowell
Brouse McDowell is an established, full-service business law firm based in northern Ohio. With 80+ attorneys across offices in Akron, Cleveland, Toledo, and Youngstown, Ohio as well as Naples, Florida, the firm serves clients across the region and far beyond. The firm has more than 100 years of history and continues a long tradition of delivering sophisticated legal counsel to clients that range from sole proprietorships to the nation’s largest corporations. Practice areas include business restructuring, business bankruptcy and commercial law; business transactions and corporate counseling; cybersecurity and data privacy; environmental; health care law; insurance recovery; labor and employment; litigation; litigation and information management; real estate and construction; tax; trademark, copyright and trade secrets; and trusts and estates. The firm is committed to diversity, equity and inclusion, and values the perspectives that professionals of diverse backgrounds bring to the work and workplace. The firm routinely taps the skills and experience of attorneys and staff for meaningful leadership roles.

LITTLER ADDS JACQUELINE LANGLAND IN GROWING PHOENIX OFFICE

PHOENIX (May 10, 2023) – Littler, the world’s largest employment and labor law practice representing management, has added Jacqueline Langland as the latest attorney to join its Phoenix office. Langland joins as an associate from Jackson Lewis and is among the office’s recent new hires, including Shareholder Laurent Badoux, who returned to the firm last week.

“We are thrilled to have Jacqueline join our growing team here in Phoenix,” said Kristy Peters and Andrea Lovell, office managing shareholders of Littler’s Phoenix office, in a joint statement. “Her strong employment litigation practice combined with her advice and counseling experience, will be a great benefit to our clients locally and nationally.”

Langland has spent the entirety of her law practice exclusively representing employers and members of management in employment and labor law. She routinely defends lawsuits and administrative charges alleging violation of federal, state and local employment laws, such as Title VII of the Civil Rights Act of 1964, The Arizona Civil Rights Act, and Arizona’s Fair Wages and Healthy Families Act, among others. A significant portion of Langland’s practice is devoted to litigation prevention. She regularly provides day-to-day advice and counseling on issues like accommodations, disciplinary actions, terminations, and other employment issues. Langland guides employers through best practices in implementing policies, ensuring consistent and appropriate application, while also training members of management and employees.

Additionally, Langland served as the sole law clerk for all of the judges in Iowa’s District 8A from 2012 to 2014, and during law school, was a full-tuition Law Merit Scholarship recipient, earned a Jurisprudence Award, and served as an articles editor for the Journal of Gender, Race and Justice and as a university research assistant.

Langland earned her J.D. from the University of Iowa College of Law and her B.A. from South Dakota State University.

About Littler

With more than 1,700 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.
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SDV has actively monitored the evolution of this legislation, including substantial commentary from the
legal and insurance communities that followed its enactment. In this multi-part series, we will explore
the critical developments impacting policyholders and what to expect moving forward.

The insurance-related headlines overwhelmingly concentrate on one key area: the elimination of one-way attorney fee recovery for property insurance policyholders. This development represents a key change in longstanding Florida insurance law and is worthy of attention – but it doesn’t tell the whole story.
Perhaps just as important, this new legislation created Florida Statute § 86.121 which expressly
entitles policyholders to recover attorney’s fees from any insurance carrier other than a commercial
or residential property insurer when the insurer “totally” denies coverage. Liability insurers who wrongfully refuse a duty to defend, for example, remain responsible for the policyholder’s cost to litigate if coverage is owed. The significance of this development cannot be overstated: for certain insurance disputes, fee shifting remains alive and well.

How Did We Get Here?

For decades, Florida Statute § 627.428 granted policyholders the right to recover all reasonable
attorney’s fees and costs against an insurer when the policyholder prevails in coverage litigation,
including by settlement. In other words, regardless of the type of insurance policy that was the subject
of dispute, and regardless whether the insured or insurer filed the action, the court was required to
award to the prevailing policyholder all reasonable attorney’s fees and costs.

In 2021, the Florida legislature began chipping away at the one-way fee shifting by creating Florida
Statute § 627.70152, which added a notice and pre-suit settlement offer requirement as a
pre-condition and developed a tiered structure that tied the ability to recover fees to the success of the litigation. A claimant could recover its full amount of reasonable attorneys’ fees and costs only if the difference between the claimant’s recovery and any “presuit settlement offer” was at least 50% of the “disputed amount”, i.e. the difference between the claimant’s presuit settlement demand and the
insurer’s presuit settlement offer. See Holly Rice, Shifting Focus: Examining Changes to Florida’s
Insurance Fee Shifting Statute, Adverse Witness, Vol. 205, January 2022, at 12.

Then, in December 2022, Florida’s legislature went a step further and sought to repeal the automatic entitlement to attorney’s fees and costs under Florida Statute § 627.428 by changing the statute to read, “[i]n a suit arising under a residential or commercial property insurance policy, there is no right to attorney’s fees under this section.” The legislature similarly amended Florida Statute § 627.70152 to
eliminate tiered recovery of fees based on percentage of recovery.

Now, HB 837 completely repeals Florida Statute § 627.428, leaving policyholders to wonder if and when they can recover their fees for suing an insurance carrier that wrongfully denies coverage. Simply stated, an insured who sues an insurer pursuant to a commercial or residential property insurance policy, such as a homeowner’s policy or commercial property policy, is no longer automatically entitled to recover any of its attorney’s fees and costs incurred in prosecuting such suits, but, all hope is not lost.

The New Fee Shifting Model

First, HB 837 created Florida Statute § 624.1552. The new statute specifically states that Florida
Statute § 768.79 (governing formal settlement proposals) applies to any civil action involving an
insurance contract – including property insurance claims. In short, an insured who makes an “offer of judgment,” i.e. a formal settlement proposal, may recover a portion of its attorneys’ fees and costs if the offer is not accepted by the insurer and the policyholder is ultimately successful.

Two strategic considerations for policyholders will be: 1) how soon to serve an offer of judgment; and 2) when to incur litigation costs, since fees are calculated from the date the offer is served (keeping in mind that offers of judgment may be served on a defendant not less than 90 days after service of process or on a plaintiff not less than 90 days after the action is commenced). On the other hand, if the insured intends to pursue a claim for bad faith, the insured must act in good faith when making offers and attempting to negotiate settlement of the suit.

Second, HB 837 also created Florida Statute § 86.121, which states that if an insurer (other than commercial or residential property insurers) totally denies coverage for a claim, and the insured successfully pursues a declaratory judgment action to enforce its rights, then the court shall award to the insured all reasonable attorneys’ fees and costs incurred in the action for declaratory relief to determine coverage. Notably, the situation where an insurer provides a defense subject to a reservation of rights is not a “total” denial.

Some key elements of Florida Statute § 86.121 include:

• Applies only to actions for declaratory relief;
• Applies to actions brought in either state or federal court;
• Applies only after the insurer has made a “total coverage denial;”
• The term “total coverage denial,” while undefined, expressly excludes a defense offered by an insurer pursuant to a reservation of rights;
• Applies to both named insureds, additional insureds, and named beneficiaries;
• The rights are non-transferrable;
• The statute does not apply to actions arising under residential or commercial property policies; and
• Provides for a summary procedure as set forth in § 51.011.

Thus, the Florida legislature intentionally preserved an insured’s right to recover attorneys’ fees
under certain circumstances. In the construction industry, for example, a general contractor who
seeks to transfer risk downstream by tendering defense and indemnity as an Additional Insured to a
subcontractor’s commercial general liability carrier can still recover its attorneys’ fees and costs if the
carrier denies its duty to defend and indemnify. Likewise, professional insurance, directors & officers
insurance, and cyber insurance – among many others – continue to have fee shifting available, to
ensure the cost of unnecessary coverage litigation is borne by the appropriate party.

Potential Effects of HB 837

The new law will have a significant impact on policyholder litigation, but the full extent of the impact will
not be known until case law develops on interpretation of the new statutes. For example, if an insurer
settles an action for declaratory relief, can the insured recover fees? Arguably, yes. Under the old fee
shifting regime, the Florida Supreme Court specifically held that if an insurance carrier issues payment
of a previously denied claim after being sued and before final judgment is rendered, the carrier has
functionally entered a “confession of judgment.” Johnson v. Omega Ins. Co., 200 So. 3d 1207, 1215 (Fla.
2016). Nothing in the new statute suggests that Johnson would not apply here. Indeed, the relevant
portions of the statutes use the same language. Therefore, settling declaratory judgment actions likely
still entitle policyholders to recover their fees pursuant to Florida Statute § 86.121.

Other questions must likewise be explored: What is the full scope and meaning of “total coverage
denial?” Could an insurer’s lack of response qualify? Could an insurer’s response that neither accepts
nor denies a duty to defend be interpreted as a total coverage denial? Likewise, will fee recovery be
apportioned in circumstances where policyholders file multiple count complaints? As lawsuits are filed
and cases litigated, these are questions that courts may have to answer.

Until then, policyholders should appreciate that while HB 837 erodes certain entitlement to fees, there
are still many opportunities to recover fees and costs of litigation under the appropriate circumstances.
And against this evolving landscape, a nuanced understanding of the statute and thoughtful approach
to insurance recovery efforts will be essential to fully maximizing policyholders’ rights under the law.
Look for future articles discussing and analyzing the changes brought by House Bill 837 and the
impacts of those changes on the claims process, from presentation of claims through litigation.
For more information, please contact Gregory D. Podolak at GPodolak@sdvlaw.com or Holly A. Rice at
HRice@sdvlaw.com.

LITTLER APPOINTS NEW OFFICE MANAGING SHAREHOLDERS IN CHICAGO AND IRVINE

CHICAGO and IRVINE, Calif. (May 3, 2023) – Littler, the world’s largest employment and labor law practice representing management, has appointed new office managing shareholders (OMS) in its Chicago and Irvine, California offices.

Shareholder Kwabena Appenteng will serve as OMS of the firm’s Chicago office. He succeeds Paul Bateman, who will continue to fulfill his leadership responsibilities as Littler’s Chief Inclusion, Equity & Diversity Officer and member of the firm’s Management Committee, alongside his active practice.

Shareholder Heather M. Vigil will serve as the Irvine office OMS. She succeeds Jon Miller, who will also continue to focus on his active practice.

“Kwabena and Heather are both natural leaders who have long been champions of the firm’s mentorship and recruiting efforts. As such, they are well positioned to continue our growth efforts in these important markets,” said Erin Webber, Littler’s managing director and president. “On behalf of the firm, I’d also like to thank Paul and Jon for their leadership and numerous contributions to the development of our Chicago and Irvine offices.”

In addition to his role as Chicago OMS, Appenteng will continue to serve as co-chair of Littler’s Privacy and Data Security Practice Group, advising employers on compliance issues related to the California Consumer Privacy Act, European General Data Protection Regulation, cross-border transfers of human resources data, the Health Insurance Portability and Accountability Act, biometric privacy laws, the Telephone Consumer Protection Act, and state and federal monitoring laws, among others.

“I am thrilled to take the reins in Chicago,” said Appenteng. “Paul has laid a strong foundation, and I look forward to continuing to provide growth opportunities for our talented attorneys and professional staff, as well as first-rate legal services and innovative solutions to our clients.”

Vigil will also maintain her thriving litigation practice as well focusing on international employment law, wage and hour matters, and privacy and data security issues. She defends employers in federal and state courts, as well as in arbitration and administrative hearings before agencies such as the Division of Labor Standards Enforcement, Department of Fair Employment and Housing, and the Equal Employment Opportunity Commission. Vigil also regularly conducts employee and management training sessions and counsels small, medium-sized and multinational employers on workplace investigations, terminations, disciplinary actions, and other issues arising under the Fair Employment and Housing Act and California Labor Code.

“I’m honored to serve in this role and follow in Jon’s footsteps,” said Vigil. “We have an amazing team in Irvine who, alongside our offices across the state, have the depth and breadth of skills needed to help employers navigate California’s tricky legal landscape. I’m excited to continue bolstering our team and capabilities in the years to come.”

Appenteng is a Certified Information Privacy Professional for the U.S. and Europe, and a frequent speaker and author on topics related to privacy in the workplace. He earned his J.D. from the University of Illinois Chicago School of Law and his B.A. from Illinois Wesleyan University.

Vigil earned her J.D. from Santa Clara University School of Law and her B.A. from San Jose State University.

About Littler

With more than 1,700 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

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Sal Subasinghe has joined Duane Morris LLP as a partner in the firm’s Trial Practice Group in its Austin office. Prior to joining Duane Morris, Subasinghe was a partner at Culhane Meadows Haughian & Walsh PLLC.

“Sal adds to the tremendous bench strength of our trial practice and enhances our reputation as a go to firm for high-stakes litigation and arbitration matters,” said Duane Morris Chairman and CEO Matthew A. Taylor.

“This year we have focused our international arbitration capabilities, which reflect the ongoing expansion and investment in our litigation group to serve a global client base,” said Wayne A. Mack, co-chair of Duane Morris’ Trial Practice Group. “Sal’s work on complex dispute resolution and securities litigation truly enhances our reputation as a talented team of innovative attorneys,” added Sharon L. Caffrey, co-chair of Duane Morris’ Trial Practice Group.

“As Austin continues to increase its presence in the global economy, our office is enhanced by Sal’s broad experience in international arbitration and commercial litigation and his work across a diverse industry base,” said Bert Greene, managing partner of the firm’s Austin office. “2023 has been a great year for our team in Austin. Not only are we celebrating five years here, we are accelerating our growth and enhancing our service to our local clients.”
Subasinghe’s practice focuses on high-stakes commercial disputes, securities and shareholder litigation, and government investigations and enforcement actions. He represents clients in international commercial and investment disputes before international arbitral tribunals and courts, and represents corporate directors and officers in bankruptcy adversary proceedings. Additionally, Subasinghe works with board committees on internal investigations and advises companies dealing with material corporate transactions, including fiduciary obligations in mergers and acquisitions.
“I have a growing practice, and the firm’s full-service platform, strong geographic footprint and collaborative culture will benefit both me and my clients,” said Subasinghe.

Subasinghe is a graduate of the University of Houston Law Center (J.D., 2014), where he was associate editor for the Houston Law Review and received the LEX Award for Administrative Law, Civil Procedure, Property and Legal Research and Writing, and the Pennsylvania State University (M.S., 2006; B.S., 2005).

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.