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Live Event

Insurance Law Institute


CLE Hours: 12 including 12 General, 1 Ethics, 1 Professionalism, 3 Trial Practice

Categories:
Ethics |  Professionalism |  Trial Practice
Location:
Ponte Vedra Inn & Club - Ponte Vedra Beach, Florida

Dates
Schedule at a glance



Description

 

  • Speakers, session times and credit hours are subject to change.
  • Ethics | Professionalism | Trial Practice


  • Presiding:
  • Nikolai Makarenko, Jr., Program Co-Chair; Groth Makarenko Kaiser & Eidex LLC, Duluth, GA
  • W. Dale Ellis, Jr., Program Co-Chair; Rebecca Hendry & Associates, Saint Petersburg, FL
  • W. Curtis Anderson, Program Co-Chair; Downey & Cleveland LLP, Marietta, GA
  • Samuel S. Sykes, Program Co-Chair; The Boppy Company, LLC, Atlanta, GA
  • Tiffany R. Winks, Program Co-Chair; Hall Booth Smith PC, Atlanta, GA

  • THURSDAY
    OCTOBER 12, 2023


  • 7:30
  • REGISTRATION AND BREAKFAST

  • 8:15
  • GREETING
  • Julia Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

  • 8:20
  • WELCOME AND PROGRAM OVERVIEW
  • Nikolai Makarenko, Jr.

  • 8:30
  • RECENT DEVELOPMENTS IN GEORGIA CASE LAW
  • J. Natalie Wilkes-Shaw, Lynn Leonard & Associates, Atlanta, GA

  • 9:30
  • GROWING EPIDEMIC OF SOLAR CLAIMS AND LITIGATION
  • Nicholas Mahoney, P.E., CFEI, CVFI, S-E-A, Ltd., Atlanta, GA

  • 10:30
  • BREAK

  • 10:45
  • A NIGHTMARE ON DEMAND STREET
  • Russell B. Davis,  Downey and Cleveland, Marietta, GA

  • 11:45
  • LIFE AFTER A COUNTER-OFFER: LITIGATION AFTER AN "ALLEGEDLY" MISSED TIME DEMAND Trial Practice CLE Hour
  • John Holder Smith, Jr., Young Thagard Hoffman, LLP, Valdosta, GA

  • 12:45
  • RECESS

  • FRIDAY
    OCTOBER 13, 2023

  • 7:30
  • BREAKFAST

  • 8:15
  • OVERVIEW OF FRIDAY SESSION
  • W. Dale Ellis, Jr.

  • 8:30
  • TRIAL ADVOCACY Ethics CLE Hour Trial Practice CLE Hour
  • Brian C. McCarthy, Waldon Adelman Castilla Hiestand & Prout, Atlanta, GA

  • 9:30
    PROFESSIONALISM: A VIEW FROM THE BENCH Professionalism CLE Hour Trial Practice CLE Hour
    Honorable Nancy N. Bills, Rockdale County Superior Court, Conyers, GA

  • 10:30
  • BREAK

  • 10:45
  • STRAINS, SPRAINS AND BRAINS
  • Dr. Michael Hartman, MD, FAANS, Georgia Brain & Spine Center, Atlanta, GA

  • 11:45
  • Georgia Judicial Hellhole?: Hell No! or Hell Yeah!?
  • Sean L. Hynes, Downey and Cleveland, Marietta, GA
  • W. Curtis Anderson, Downey and Cleveland, Marietta, GA

  • 12:30
  • RECESS

  • 5:30
  • RECEPTION
  • Sponsored by S-E-A Ltd., Peachtree Orthopedics and Ansley Court Reporting

  • SATURDAY
    OCTOBER 14, 2023


  • 7:30
  • BREAKFAST

  • 8:15
  • OVERVIEW OF SATURDAY SESSION
  • W. Curtis Anderson, Downey and Cleveland, Marietta, GA

  • 8:30
  • DIFFICULT FOOT AND ANKLE INJURIES
  • Dr. John Chao, MD, Peachtree Orthopedics, Atlanta, GA

  • 9:30
  • FICTIONAL MEDICAL BILLS
  • Jay F. Eidex, Groth, Makarenko, Kaiser & Eidex, LLC, Duluth GA

  • 10:30
  • BREAK

  • 10:45
  • UPDATES IN THE GEORGIA LEGISLATURE
  • Mark H. Tilkin, Counsel, State Farm Insurance Companies, Cumming, GA
  • Robert R. Potter, Swift Currie McGhee & Hiers LLP, Atlanta, GA

  • 11:45
  • PFAS LITIGATION: COVERAGE ISSUES RELATED TO THE NEW WAVE OF LAWSUITS OVER "FOREVER" CHEMICALS
  • Duane L. Cochenour, Hall Booth Smith, PC, Atlanta, GA

  • 12:45
  • ADJOURN

Handouts

Speaker






Mr. Nik Makarenko Jr.'s Profile

Mr. Nik Makarenko Jr. Related seminars and products

Groth Makarenko Kaiser & Eidex LLC


Nik was raised primarily in Germany, due to his father’s service in the United States Air Force. He completed his undergraduate studies in history at Birmingham Southern College in 1986, while on a tennis scholarship. Nik earned his Juris Doctor from the University of Georgia’s College of Law in 1989.

Nik began his legal career in Georgia in 1989 as a staff attorney to the Honorable Judge Jack M. McLaughlin of the State Court of DeKalb County, Georgia. From there, Nik practiced at a well-respected civil defense firm in the Atlanta area for a few years before taking a position as in-house counsel for one of the largest insurance companies in the country. Nik left that firm to join Cooper & Makarenko, a successful civil defense firm protecting the interests of clients, big and small.

Nik left Cooper & Makarenko in June 2007 to form Groth & Makarenko, LLC with Paul L. Groth. Nik’s experience trying hundreds of jury trials has earned him the reputation of being a seasoned and successful litigator who will utilize his knowledge of the law to obtain the best results possible for his clients, whether in the courtroom or via alternative dispute resolution.

Nik’s practice focuses on insurance coverage and defense at both the trial and appellate levels. He is admitted to practice before all state courts in Georgia, as well as the United States District Court for the Northern District of Georgia. Nik is a member of the Georgia Defense Lawyers Association, and has lectured for both the Insurance Law Institute, sponsored by the Tort and Insurance Practice Section of the State Bar of Georgia, and for various insurance companies to train claims adjusters on how best to handle issues that arise in the claims process so they may better protect the interests of their insureds should litigation arise.  Nik and his wife Debi live in Suwanee, Georgia


Mr. Brian C. McCarthy's Profile

Mr. Brian C. McCarthy Related seminars and products

Waldon Adelman Castilla Hiestand & Prout


Mr. McCarthy joined Waldon Adelman Castilla McNamara & Prout in 2018 and practices in the areas of insurance defense, insurance coverage, motor vehicle liability, and civil/commercial litigation.  Mr. McCarthy earned a Bachelors in Arts in psychology from the University of Notre Dame.  He also earned a Master in Science in sports administration, a Master of Business Administration, and a Juris Doctor from Georgia State University.

 

Prior to joining the firm, Mr. McCarthy was a solo practitioner for 14 years developing a general civil litigation practice representing both individuals and small businesses.  During this time, Mr. McCarthy gained a wealth of experience across a wide array of litigation matters.  From 2010 to 2014, Mr. McCarthy was named a Rising Star and for every year since 2016, Mr. McCarthy has been named a Super Lawyer by his peers in Atlanta Magazine.

 

Before embarking on building his own law practice, Mr. McCarthy pursued a career in sports administration and special event management.  During this time Mr. McCarthy enjoyed working with the Atlanta Committee for the Olympic Games, Goodwill Games, Special Olympics, U.S.A. Team Handball, NBC 2000 Sydney, and the Atlanta Falcons.

 

Mr. McCarthy resides in Smyrna, GA, with his wife, Amy, and their four children.  In his spare time, Mr. McCarthy enjoys coaching his children’s basketball teams, traveling with Amy, cooking just about anything on his Big Green Egg, and cheering for all things Irish.


Hon. Nancy Nash Bills's Profile

Hon. Nancy Nash Bills Related seminars and products

Rockdale County Superior Court


Judge Bills was appointed by Governor Kemp to fill the vacancy in Superior Court when Chief Judge David B. Irwin retired in the fall of 2020.  Judge Bills was sworn in by the Governor on February 22, 2021 to serve the unexpired term of Judge Irwin.  She was re-elected in 2022.

Beginning in February 2021, she is the Judge presiding over the Adult Drug Court in Rockdale County.  Prior to being appointed to Superior Court, she served sixteen (16) years on the State Court bench where she founded DUI Court in 2007 and presided over that Court until 2021.  DUI Court was named a Model Court in 2020 by the CACJ.  While in State Court she also founded and presided over Domestic Violence Court from 2013-2021.

Currently, Judge Bills serves on the CACJ Funding Committee and has served on the Training and Executive Committees.  She also serves as a member of the Criminal Justice Coordinating Council.

Judge Bills graduated Cum Laude with a BA Degree from UGA and then Cum Laude from Law School at UGA.

 



Mr. Mark Howard Tilkin's Profile

Mr. Mark Howard Tilkin Related seminars and products

State Farm Insurance Companies


Mark Tilkin has been an attorney for State Farm for 28 years. He oversees all legislative and regulatory activity for State Farm for Georgia, South Carolina, and Mississippi. In that role, he is responsible for all governmental relations and serves as the point person with Insurance regulators in those States. Mark also counsels numerous departments within State Farm, including actuary, underwriting, agency, and claims. 

Before his current role, Mark was counsel in State Farm's corporate litigation department, where he was involved in bad faith and class action lawsuits. Mark started his State Farm career as an insurance defense attorney in State Farm’s Claim Litigation Counsel office in Baltimore, Maryland. Before State Farm, Mark was an associate in the Maryland law firm of Niles, Barton & Wilmer, where he represented numerous insurance companies defending insurance fraud claims. 

Mark started his legal career in the Baltimore County State's Attorney's Office, where he was a prosecutor in the investigations division handling narcotics, white collar crime, wiretaps, and contract murders. He also headed the arson unit in the State's Attorney's Office.

Mark is on the Board of the Georgia Chamber of Commerce and is active in many committees, including the law and judiciary committee and the government affairs counsel. He is the immediate past vice chair of Georgians for Lawsuit Reform, past President of the South Carolina Insurance Association, past President of the Georgia Insurance Information Service, and current Treasurer of the Insurance Coalition of Mississippi. Mark was also a Maryland State Bar Ethics Committee member and currently serves on State Farm's Corporate Law ethics committee.

Mark graduated from the University of Maryland, Baltimore County, and the University of Baltimore School of law. He is licensed to practice law in Maryland, Illinois (house counsel), and Georgia.

 

Mark Tilkin has been an attorney for State Farm for 28 years. He oversees all legislative and regulatory activity for State Farm for Georgia, South Carolina, and Mississippi. In that role, he is responsible for all governmental relations and serves as the point person with Insurance regulators in those States. Mark also counsels numerous departments within State Farm, including actuary, underwriting, agency, and claims. 

Before his current role, Mark was counsel in State Farm's corporate litigation department, where he was involved in bad faith and class action lawsuits. Mark started his State Farm career as an insurance defense attorney in State Farm’s Claim Litigation Counsel office in Baltimore, Maryland. Before State Farm, Mark was an associate in the Maryland law firm of Niles, Barton & Wilmer, where he represented numerous insurance companies defending insurance fraud claims. 

Mark started his legal career in the Baltimore County State's Attorney's Office, where he was a prosecutor in the investigations division handling narcotics, white collar crime, wiretaps, and contract murders. He also headed the arson unit in the State's Attorney's Office.

Mark is on the Board of the Georgia Chamber of Commerce and is active in many committees, including the law and judiciary committee and the government affairs counsel. He is the immediate past vice chair of Georgians for Lawsuit Reform, past President of the South Carolina Insurance Association, past President of the Georgia Insurance Information Service, and current Treasurer of the Insurance Coalition of Mississippi. Mark was also a Maryland State Bar Ethics Committee member and currently serves on State Farm's Corporate Law ethics committee.

Mark graduated from the University of Maryland, Baltimore County, and the University of Baltimore School of law. He is licensed to practice law in Maryland, Illinois (house counsel), and Georgia.

 

 


Mr. Robert R. Potter Related seminars and products

Swift Currie McGhee & Hiers LLP


Mr. Duane Lewis Cochenour's Profile

Mr. Duane Lewis Cochenour Related seminars and products

Hall Booth Smith PC


Duane Cochenour is a litigator specializing in the representation of medical professionals and is leader of the firm’s Insurance Coverage Practice Group. He has a unique perspective, with almost 20 years of experience as an insurance claim professional prior to becoming a lawyer. He knows exactly what it is like to be an adjuster, supervisor, regional claim manager and major case negotiator, because he has worked in each of those positions. He draws on this vast experience to defend clients in various types of serious bodily injury and property damage litigation. He also specializes in insurance coverage and bad faith litigation, regularly providing guidance on complex coverage matters to major insurance carriers. Mr. Cochenour is also a certified mediator and a member of both the Georgia and Florida bars.

Mr. Cochenour started as a claims representative with Liberty Mutual, but spent the bulk of his insurance career with St. Paul Insurance Company. He managed territories throughout the Southeast and, as a major case negotiator, handled catastrophic claims throughout the country. He has experience in many types of high-exposure claims, including medical and dental malpractice, construction defect, negligent security, automobile, defamation, long term care, excess liability and bad-faith/extra contractual claims. He was also designated as an internal resource on coverage matters at St. Paul, teaching liability coverage courses internally to adjusters and supervisors. This experience gives Mr. Cochenour a unique insight into how to meet the needs of his insurance clients.

Mr. Cochenour specializes in representing hospitals, physicians and other health care providers against claims of medical malpractice. However, he keeps a varied litigation practice, representing clients in complex construction defect cases, negligent security cases, motor vehicle accidents, and several other types of bodily injury and property damage litigation.

Drawing on almost three decades of experience interpreting insurance coverage, Mr. Cochenour leads the firm’s Insurance Coverage Practice Group. He regularly provides coverage opinions and other guidance to major insurers on complex coverage and bad faith cases. However, he is not just a coverage lawyer; he is a litigator. He also litigates declaratory judgment and bad faith actions in both state and federal court.

Mr. Cochenour excelled academically, graduating in the top 10 of his law school class at Georgia State University. He demonstrated his litigation skills early, leading a team that placed second nationally at the prestigious National Trial Advocacy Competition held annually at Michigan State University. He also received the Nai Karimimanesh Award as the top student in Advance of Evidence.



Nicholas Mahoney's Profile

Nicholas Mahoney Related seminars and products

SEA Ltd


Nicholas (“Nick”) Mahoney P.E., CFEI, CVFI Mr. Mahoney is an Electrical Engineer with a Bachelor of Science Degree in Electrical Engineering from the University of Wyoming and a Master of Science Degree in Electrical Engineering from Clemson University. His responsibilities at S-E-A include providing evaluations regarding the cause of electrical faults and malfunctions that result in losses involving fire, shock, electrocution, arc-flash, and equipment damage. Mr. Mahoney investigates losses involving power quality, lightning, illumination, and various types of electrical power systems, control systems, marine vessels, motor vehicles, and electric utility equipment, including electric meters, switchgear, transformers, circuit breakers, generators, power lines, and solar systems. Prior to joining S-E-A, Mr. Mahoney worked for an electrical equipment manufacturer in the consulting services division. He managed projects related to protective relaying, controls, automation, and communications. He is experienced with programmable logic controllers and programming, design, testing, and installation of protection and control schemes for utility and industrial facilities with voltages ranging from 2400 to 500kV. Mr. Mahoney is a licensed Professional Engineer (P.E.) in multiple states, including Georgia. His professional affiliations include the International Association of Arson Investigators (IAAI), the National Association of Fire Investigators (NAFI), the Georgia Fire Investigator Association (GFIA), the Atlanta Metro Fire Investigator’s Association (MFIA), the American Boat and Yacht Council (ABYC), and the Institute of Electrical and Electronics Engineers (IEEE). Mr. Mahoney is a Certified Fire and Explosion Investigator (CFEI) and a Certified Vehicle Fire Investigator (CVFI) by the National Association of Fire Investigators.




Mr. Jay Franklin Eidex's Profile

Mr. Jay Franklin Eidex Related seminars and products

Groth Makarenko Kaiser & Eidex LLC


A native of Atlanta, Georgia, Jay completed his undergraduate studies and his master’s degree in philosophy at Georgia State University. Earning his Juris Doctor from Georgia State University’s College of Law in 1993, he began his legal career as a sole practitioner in Decatur, Georgia.  In 1995, he gained valuable trial experience prosecuting DUIs and other misdemeanors with the Fulton County Office of the Solicitor General.   Entering the private sector in 1998 as in-house counsel for one of the largest insurance companies in the country, Jay applied the trial skills he learned as a prosecutor to defending both insureds and the insurer in suits arising under automobile and homeowner’s policies.

In October 2017, Jay joined Groth, Makarenko, Kaiser & Eidex.  With his experience trying more than 120 jury trials, both civil and criminal, before juries in the State of Georgia, he has earned a well- established reputation as a successful litigator, and unwavering advocate for his clients.

Jay’s practice focuses on civil litigation, both at the trial and appellate levels. He is admitted to practice before all state courts in Georgia, as well as the United States District Court for the Northern District of Georgia. Jay is a member of ABOTA, the Atlanta Claims Association, DRI and is a past President of the Tort and Insurance Practice Section of the State Bar of Georgia. Jay holds an “AV” peer-reviewed rating from Martindale Hubbell.

Jay and his wife Victoria reside in Dacula, Georgia.


John Chao's Profile

John Chao Related seminars and products

Peacthree Orthopedics


Dr. Chao graduated magna cum laude from Rice University in Houston with a B.A. in biochemistry and cell biology in 2003. While at Rice University, he played club lacrosse and was inducted into the academic honor society Phi Beta Kappa. He completed medical school at the University of Texas Southwestern, where he received the T-35 institutional research grant and was inducted into Alpha Omega Alpha. He stayed in Dallas to complete his orthopedic surgery residency at the University of Texas Southwestern and Parkland Memorial Hospital, one of the busiest trauma hospitals in the nation. He also spent three months in Norwich, England, training at the Norfolk and Norwich University Hospital, where he worked with international foot and ankle surgeons and developed a passion for soccer and international travel.

He also completed fellowship training in foot and ankle surgery at Baylor University Medical Center in Dallas, under the direction of Drs. James Brodsky, John Early, and Christian Royer. Dr. Chao specializes in operative and non-operative care of the foot and ankle, and he performs minimally invasive foot and ankle surgery, including bunions, bone spur removal, achilles tendon repair, and other reconstruction procedures. He also performs total ankle replacement, ankle arthroscopy, bunion/hammertoe correction, flatfoot reconstruction, tendon injuries in the foot and ankle, and complex reconstructive procedures. 

 

Dr. Chao is board certified by the American Board of Orthopaedic Surgery. He has authored numerous scientific articles related to orthopedic surgery of the foot and ankle as well as bunion correction. He is a clinical professor at the Kennestone Orthopedic Residency program, where he has helped train foot and ankle specialists across the country. Dr. Chao has been invited to lecture at the local, regional, and national level, and has ongoing publications pending in the orthopedic literature. He also is a journal reviewer for Foot Ankle International, the most respected foot and ankle journal in the world. He also spends time on the sidelines covering football games for Forsyth County Schools.

 


Lodging Reservations

For reservations please call 1-800-234-7842

Guests may use this link to book their reservations

https://reservations.travelclick.com/2099?groupID=3966531

Group rate: $379

Room Cut Off Date is September 11, 2023

Sponsors

Special acknowledgement to the Insurance Law Section for its financial support of the Insurance Law Institute.

Additional Sponsors:

Friday Reception

  • S-E-A Ltd.
  • Peachtree Orthopedics
  • Ansley Court Reporting
  • MedEx Reviews, LLC

Location

Ponte Vedra Inn & Club

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200 Ponte Vedra Boulevard, Ponte Vedra Beach, Florida 32082, United States
800-234-7842
www.pontevedra.com

Important Information

Please be advised that your credit will not be reported to the State Bar of Georgia CLE Regulation Department until after you have completed the steps necessary to earn credit for that program. 

Self reporting is required for all other jurisdictions.

The information presented is solely for educational purposes. The opinions expressed by the faculty in their materials and presentations are their own and do not necessarily reflect the opinions of the State Bar of Georgia, its officers, directors and/or employees. The faculty is not engaged in rendering legal or other professional advice and these presentations and publications are not a substitute for the advice of an attorney. All publications and presentations were created to serve the continuing legal education needs of practicing attorneys.

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