Property Casualty Association of America (PCI) 29th Annual Western Region General Counsel Seminar

San Diego, CA

On Thursday, July 26 from 10:55 AM – 11:45 AM, M&R founding partner Mark B. Robinson and cybersecurity partner Scott T. Lyon participated in the panel presentation “Finding Problems Before the Bad Guys: A Legal and Technical Discussion on Penetration Testing and Managed Security Services.”

The new cybersecurity regulations from New York’s Department of Financial Services (NY DFS) require annual penetration testing, biannual vulnerability assessments, and continuous security monitoring. But what does this mean for the average brokerage or agency? If security vendors find problems, how do you prevent those reports from being disclosed to opposing counsel following a data breach? Mark and Scott discussed how to structure a relationship with a managed security services provider to both satisfy your regulatory compliance obligations, as well as provided invaluable information to help you manage current threats in your environments and enhance the maturity of your InfoSec programs.

Mark B. Robinson

Co-Founding Partner
Practices
Regulatory & Administrative Law
Industries
Banking & Financial Services, Insurance

ALIS Law

Los Angeles, California

Dana A. Kravetz spoke on the “Joint Employer Liability” panel from 11:15am to 12:15pm on January 24, 2017 as part of the ALIS Law conference that took place at the Residence Inn and Courtyard Los Angeles L.A. Live. This seminar explored how the recent National Labor Relations Board’s (NLRB’s) highly controversial Browning-Ferris Industries of California (BFI) decision will affect hoteliers, and how will it disrupt the franchisor/franchisee relationship. The discussion offered up ways hoteliers can mitigate risk to ensure they won’t be held liable for the labor violations of third party operators.

Dana A. Kravetz

Firm Managing Partner
Practices
Labor & Employment
Industries
Hospitality

California Insurance Wholesaler Association (CIWA) 2018 California Wholesaler Industry Days

La Jolla, CA

Mark B. Robinson presented on “Producer Compliance in California: Top Three Regulatory Danger Zones,” at the California Insurance Wholesaler Association (CIWA) 2018 California Wholesaler Industry Days on Tuesday, January 9, 2018 from 2:30-3:30 PM.

The California’s Department of Insurance is watching you. Okay, perhaps not literally, and certainly not all of you, but the Department definitely has its antennae up when it comes to the business of brokers and agents, particularly as it pertains to licensure, operations, sales and reporting. No doubt, producers must be aware of insurance regulations impacting them, and the Department’s resolve to ensure compliance. Presented in this presentation were the three key areas of scrutiny.

  1. Unlicensed Activity
  2. Disclosure of Broker Fees; and
  3. Background Reporting

Mark B. Robinson

Co-Founding Partner
Practices
Regulatory & Administrative Law
Industries
Banking & Financial Services, Insurance

American Agents Alliance (AAA) Convention and Expo

Palm Desert, CA

Mark B. Robinson and Jeffrey D. Farrow presented on “Licensing, Class Actions and Trade Secrets: What Producers Need to Know,” at the American Agents Alliance (AAA) Convention and Expo on Saturday, September 23, 2017 from 9:00 – 10:00 AM in Palm Desert, CA. This course was approved by the California Department of Insurance for 1 credit.

This panel discussion highlighted critical issues facing brokers and agents relative to licensing, class actions and trade secrets. More specifically, the following topics were covered:

• Licensed vs. Unlicensed Conduct: An overview of insurance licensing requirements and the types of conduct that may and may not be undertaken by unlicensed employees of brokerages and agencies, as well as examples of relevant regulatory exposure
• Class Actions Impacting Broker Agents: An overview of the most common types of class action exposure/risk facing producers
• Trade Secrets and Business Interference: Overview of the legal issues and risks to be considered when hiring brokers or agents from industry competitors

At the end of this session attendees understood how to (1) mitigate regulatory exposure, (2) avoid class action litigation and (3) protect against trade secret infringement and related actions when employing previously competing producers.

Mark B. Robinson

Co-Founding Partner
Practices
Regulatory & Administrative Law
Industries
Banking & Financial Services, Insurance

NYU International Hospitality Industry Investment Conference

New York, NY

Dana A. Kravetz presented on “Traversing the Perilous Road of Labor and Employment Issues” at the NYU International Hospitality Industry Investment Conference at the New York Marriott Marquis on June 6, 2017 form 3:30 pm – 4:30 pm. Given the current climate of ever increasing new regulations, exorbitant labor costs are hitting hoteliers creating the necessity of working within regulations to offer cost-cutting solutions including workforce optimization, labor scheduling, cross-training, attrition reduction, F&B and restaurant outsourcing, and combating increased minimum wage and wage compression. Industry authorities discussed these critical issues during the panel session.

Dana A. Kravetz

Firm Managing Partner
Practices
Labor & Employment
Industries
Hospitality

California Association of Health Underwriters (CAHU) Health Care Retreat

Mark B. Robinson presented on “Limits On Compensation Paid To Producers Selling Health Insurance Policies And Health Care Service Plans in California: an Overview” at the California Association of Health Underwriters (CAHU) Health Care Retreat on Wednesday, September 13, 2017 at 1:00 PM.

Mark B. Robinson

Co-Founding Partner
Practices
Regulatory & Administrative Law
Industries
Banking & Financial Services, Insurance

Cornell Institute for Hospitality Labor and Employment Relations (CIHLER) and Michelman & Robinson, LLP

Los Angeles, CA

Topics of Discussion for the Roundtable
1. DOL and NLRB – The United States Department of Labor recently announced its withdrawal of the guidance put in place by the Obama administration on the joint-employer issue. Does the move have any immediate impact on the hotel industry given that the Browning-Ferris Industries decision is still on appeal? And what is the future of the hotel franchise model given the current administration’s pro-business leanings? What is the impact on the industry with the expected Trump administration appointments to the NLRB?
2. Local ordinances – Cities such as Los Angeles, Chicago and Seattle have in place local ordinances that alter the landscape of doing business in particular cities. What impact will these ordinances have on hotel business models? How can hoteliers manage the compliance complexities of local and State ordinances versus Federal Law?
3. Legalization of marijuana – The use of marijuana for both medical and recreational purposes has become legal in several jurisdictions. In the wake of changing state laws, how should (and do) hoteliers manage their workforces in light of marijuana’s growing acceptance and legality?

Bonus discussion of the fate of binding arbitration in employment.

Dana A. Kravetz

Firm Managing Partner
Practices
Labor & Employment
Industries
Hospitality

ALIS Law Conference

Los Angeles, CA

Dana A. Kravetz presented on “The Hospitality Industry & Labor Reform,” at the 2018 ALIS Law Conference on Monday January 22, 2018 at 11:15 AM.

President Trump’s reshaped Labor Department and NLRB will undoubtedly impact joint employer liability and many union issues – among other things – favorably for employers. How will the labor landscape realistically change within the hospitality industry, particularly given the state and local activism that protects employee interests?

Dana A. Kravetz

Firm Managing Partner
Practices
Labor & Employment
Industries
Hospitality

HR in Hospitality Conference

Las Vegas, NV

Dana A. Kravetz presented on “It’s 4:20 p.m. – Time for Your Employees’ Marijuana Break,” at the 2018 HR in Hospitality Conference on Tuesday March 6, 2018 at 1:30 PM.

To date, 26 states and the District of Columbia have legalized medical marijuana, and eight states (plus D.C.) permit its recreational use. The upshot: As marijuana laws become more liberal and usage becomes more pervasive, hotels and resorts must address the emergent issue of marijuana in the workplace and the legal implications of employee use. Must employers make accommodations for employees with valid marijuana prescriptions, allowing them to use the drug on the job? The presentation provided answers to these and other accommodation issues, with a look at recent court opinions.

Learning Objectives

  • Identify important workplace policies regarding marijuana
  • Review the evolving law as it pertains to medical marijuana and associated workplace accommodations
  • Train managers and supervisors to deal with marijuana use by employees on and off the job

Dana A. Kravetz

Firm Managing Partner
Practices
Labor & Employment
Industries
Hospitality

Michelman & Robinson, LLP (M&R) Insurance Hot Topics

Michelman & Robinson, LLP (M&R) hosted an Insurance Hot Topics event “Navigating the Legal & Business Issues Facing Insurance Brokerages,” in Los Angeles, CA on May 10, 2017 and in New York, NY on May 17, 2017. The Hot Topics event was a morning program of four focused panels followed by a luncheon.

There are all too many practices by insurance brokers that can prompt government scrutiny. This panel covered a number of them, together with compliance procedures that can be set in place to avoid examination and how best to respond if investigated.

Mark B. Robinson

Co-Founding Partner
Practices
Regulatory & Administrative Law
Industries
Banking & Financial Services, Insurance