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FDCC Insights Editor
Bernd G. Heinze

Guidelines for Submission




Summer 2019


A Journal for Civil Defense & Corporate Counsel and Industry Professionals




John Trimble

Eye on the Profession

By John Trimble - Lewis Wagner, LLP, Indianapolis, IN

Let’s Take Good and Make It Even Better!


Those of us who hold law degrees and practice law in some form are among the most fortunate folks in the world.We get to help people; we see and hear the most amazing stories; we meet characters of every description; and, if we are lucky, we make a living doing it.


In most places we are the leaders in our communities.As we go about the business of law we can view what we do as a job, or we can view it as a calling.Either way is fine, but either way, we owe it to ourselves, our clients, and our profession to practice law the best we can.




Bob Christie

Nieves v. Bartlett—U.S. Supreme Court rejects retaliatory arrest claim as a matter of law when there was probable cause for the initial arrest

By: Bob Christie - Christie Law Group, Seattle, WA

We now have the answer to the question posed in the article I wrote in November 2018 concerning the case of Nieves v. Bartlett, argued to the Supreme Court that month—a retaliatory arrest claim will usually fail as a matter of law in the face of an arrest made pursuant to probable cause.Justice Roberts issued the majority opinion on May 28, 2019.






Tim Pratt

Lawyers and Change:Why is it so Hard?

By: Tim Pratt - Kansas City, MO

“Change is great, so long as it doesn’t change the way we have always done things” Anonymous Cynic


What is it about lawyers and change?When you read about the mindset of great corporations, you hear things like:“They have a vision of the future;” “they see around corners;” “they embrace change;” “they never stand still;” “they are never afraid to take risks.”

Things like that.Remaining dormant in the free market will leave you behind.




Marisa Trasatti

Human Trafficking: A New Chapter for Premises Liability Actions

By Marisa A. Trasatti, Wilson Elser, Baltimore, MD and Christine Hogan

The recent media attention surrounding human trafficking has shed light on the latest efforts to expose the extreme depths of the transnational epidemic, one that has existed for decades and adults who have been victims of forced labor and sex trafficking. According to a September 2017 report from the International Labor Organization (ILO), it is estimated that approximately 24.9 million adults and children are exploited for labor and/or sex trafficking.





Mark LoGalbo

CGL Coverage for Employment Practice Liability Claims

By: Mark LoGalbo - Special Counsel at the Property & Liability Resource Bureau, Downers Grove, IL

Almost every organization with employees will have some type of employment practices liability (“EPL”) exposure. Employment practices liability insurance (EPLI) policies were developed to specifically protect employers from those exposures. EPLI policies in the marketplace are designed to cover actual or alleged wrongful terminations, sexual harassment, and discrimination.


However, many businesses forego this insurance. As of 2014, 41 percent of businesses with more than 1,000 workers maintained some kind of plan to insure claims of sexual harassment and discrimination; one-third of companies with at least 500 employees carried such coverage; and only 3 percent of companies with fewer than 50 employees carried such coverage.





Chris Holecek

An Overview of Emerging Trends in the Law on Restrictive Covenants & Practical Tips for Drafting Enforceable Non-Competition Agreements

By: Chris Holecek - Wegman Hessler & Vanderburg, Cleveland, Ohio

In recent years, lawmakers and the courts have increasingly sought to narrow the enforceability of restrictive covenants and in particular non-competition and non-solicitation clauses in employment agreements on public policy grounds that favor unrestrained trade and employee freedom. Notably, in April of 2018, the Mobility and Opportunity for Vulnerable Employees (MOVE) Act was introduced in Congress and, if passed, would ban the use of non-compete agreements nationwide.


Although this legislation is unlikely to become law under the present administration, it is consistent with recent trends following the Obama administration’s “call to action” for restrictive covenant reform, which encouraged states to limit and in some cases ban non-compete clauses in employment agreements





Stephen Pate

The Incredible Mr. Appleman: A Tribute to John Alan Appleman (1912-1982)

By: Stephen Pate - Cozen O'Connor, Houston, TX

Insurance Coverage attorneys will know Appleman on Insurance Law and will have frequently consulted his treatise during their careers. Yet who today knows of John Alan Appleman, who first published the work in 1941? Sadly, he seems to be forgotten today. Yet, he deserves to be remembered.


Note: John Alan Appleman served as President of the FDCC in 1950-1952. This article was first published by Lexis Nexus: New Appleman on Insurance: Current Critical Issues in Insurance Law (Winter 2017); and by the International Society of Barristers Quarterly, and is reprinted by the FDCC by permission.





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Federation of Defense & Corporate Counsel

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Bernd G. Heinze, Esq. - Executive Director







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