During Womens Basketball Game, Girl Falls off Bleachers While Playing on Gym Equipment

2014-L-335 (Illinois, DuPage County)

Plaintiff, an 11 year old girl, was playing on gym equipment on top of a set of bleachers in a gym when she fell and injured herself. At the time two local schools in DuPage County organized a tournament shootout with their women’s basketball teams and the gym equipment was moved onto the bleachers to make space but was not intended to be played on. Plaintiff’s parents brought suit on their daughters’ behalf, suing the schools and the company that operated and put on the tournament.

Attorneys Jessica Biagi and Jessica Velez defended the organizing company and eventually filed a Motion for Summary Judgment on the grounds of lack of notice that any hazard existed, lack of control over the bleachers in question, and that any hazard would be open and obvious. Jessica Velez argued the motion in oral argument and the motion was granted on all three grounds and the judge made an extensive record detailing his reasoning, effectively preventing an appeal.

Sixth Jury Trial Win for Costello Legal

Daniel P. Costello & Associates just racked up the firm's sixth jury trial victory in a row, this time a large case in Cook County.

2010-L-13633 (Illinois, Cook County)

Plaintiff tripped and was injured in a parking lot, dying four days after the fall. As a result, plaintiff's estate brought a wrongful death claim against the owner of the lot, Berwyn Eagles Aerie. Plaintiff alleged that a parking stop was left in a dangerous condition in the lot for over a year, causing the plaintiff to trip and get injured. Partners Dan Costello and James Barrow represented the defendant Berwyn Eagles and ultimately took the case to trial, showing clearly that the defendant was not negligent in its upkeep of the lot in any way. After only 20 minutes of deliberation, the jury agreed and found in favor of the defendant on all counts.

Jury Trial Defense Win When Woman Falls in Arts Center

2011-L-6225 (Illinois, Cook County)

At an arts center in the Chicagoland area, an elderly woman fell over a crate and sued the arts facility. Ultimately plaintiff took the matter to trial and asked a jury for over $100,000 in damages. Jessica Biagi represented the arts facility, and showed that there was nothing unusual or negligent about the crate, and emphasized that just because someone fell, this does not meet a legal definition of negligence. Ultimately the jury agreed and returned a full defense verdict.

Another Trial Win for Costello Legal

Daniel P. Costello & Associates would like to congratulate Senior Associate Jessica Biagi on her second jury trial win in a row, which now makes five jury trial wins in a row for the firm.

Laden v. Evanston Art Center

After the Plaintiff, an 84 year old Tai Chi instructor, fell in the Evanston Art Center's sculpting studio and broke her nose, she filed a premises liability claim in the Cook County Law Division against the Evanston Art Center. The Plaintiff requested $120,000 in damages at the jury trial, which included future surgery. The trial lasted three and a half days and included seven witnesses, including a medical expert. During the trial, Jessica vehemently defended her client, clearly showing the jury how the plaintiff's fall was not the result of any negligence on the part of the defendant Art Center. After only thirty five minutes of deliberation, the jury agreed with Jessica and awarded a full not guilty verdict for the defendant.

Costello Legal Qualifies as a Finalist for a Chase Bank "Mission Main Street" Grant

Costello Legal has received enough votes to qualify as a finalist for a $100,000 grant from Chase Bank's grant program to small businesses called "Mission Main Street" Grants. These grants are awarded to support 20 small innovative businesses across the US which are making a difference and trying new and exciting ideas.The funds are used for employee engagement initiatives such as paid sabbaticals to engage in charity and philanthropic work, extra incentive bonuses and educational and learning opportunities. Costello Legal is always looking for new ways to reward our employees for the hard work they put in every day, and we are very excited for the opportunity to pair with Chase Bank. Costello Legal would like to thank everyone who voted for us to be selected as a finalist and we look forward to the final round of selections. Learn more about the program here: https://www.missionmainstreetgrants.com/

Dan Costello Selected as Moderater at Magna Conference

Dan Costello will be a moderator the Magna Legal Services Conference "Streamlining Relationships with Outside Counsel." Dan will act as Micro-Panel Moderator for a mock emergency crisis and response team for Massive Dynamic. This unique real life exercise will provide solutions to attendees on emergency response, coordination, brand protection, and legal protection. The event will be one part interview, multiple micro-panel discussion groups led the moderators and closing with a mock press conference. The event is set to take place on May 28-29th in Naples, Florida.

Fourth Straight Trial Win for Costello Legal

Fresh off his trial win at the end of March, Costello Legal Associate Charles Spiekerman has just won his second trial in a row. This is now four straight wins for Costello Legal, so congratulations again to Charles, Jessica Biagi, and James Barrow for doing such excellent work on behalf of our clients.

Yoshua Solomon v. McGaw YMCA

The plaintiff, a 13 year old boy, sued the McGaw YMCA for a fractured wrist he suffered in a wrestling workshop at the YMCA's after-school program. The plaintiff's counsel relied heavily on a letter that the YMCA Program Coordinator sent to the plaintiff's family, apologizing for the injury and suggesting that the program activities would be better structured and supervised in the future. At the close of trial, plaintiff asked for $95,000 for plaintiff's injuries and permanent wrist hardware based upon the YMCA's alleged negligence in supervising and structuring the wrestling activity. Despite the apparent admissions in the apology letter, attorney Charles Spiekerman mounted a vigorous defense of the YMCA over a three-day trial. Charles made it abundantly clear to the jury that qualified YMCA staff were properly supervising a structured wrestling workshop. He repeatedly impeached the two key plaintiff witnesses and showed that the plaintiff’s injury was merely an accident despite their attempts to testify otherwise. After presenting his case, the jury returned a verdict for the defense.

Preschool case revolving around a chair as potential "dangerous condition"

2014-L-78 (Lake County, Illinois)

Plaintiff, a 3 year old, attended our client’s preschool gym, where during the day’s activities her head collided with a chair resulting in a permanent dimple-like marking, but not one that caused her pain or discomfort. Ultimately the case went to trial revolving around the issue of whether the chair plaintiff collided with constituted a “dangerous condition.” Plaintiff made a pre-trial demand of $75,000.

Attorneys Dan Costello and Charles Spiekerman represented the daycare during trial and made it clear that the preschool was a safe and well managed operation, and there was nothing dangerous or unusual about the chair at issue. Despite the plaintiff being a very sympathetic plaintiff, the jury ultimately found there was no negligence and returned a full defense verdict.

Costello Legal Wins Third Jury Trial in a Row

Costello Legal would like to congratulate Charles Spiekerman for his latest jury trial win. This is now the firm's third jury trial within a month.

McManus v. A Child's Place, Volo

The parents of a three-year-old girl sued her daycare center after fell while playing a game in their classroom in Lake County. The plaintiffs argued that their daughter suffered permanent injuries due to the negligent supervision, instruction and classroom setup of the daycare class. Plaintiffs asked for over $330,000 in damages based upon the permanent disfigurement of their daughter without presenting any claim for medical specials. Trial attorney, associate Charles M. Spiekerman, first defeated a pre-trial motion for res ipsa loquitur. During the two-day trial, Plaintiffs present four witnesses and the defense called only one. The jury returned a not guilty verdict in less than 35 minutes.

Costello Legal Wins Two Jury Trials in One Month

Daniel P. Costello & Associates congratulates two attorneys within the past two weeks who won full defense verdicts for our clients in jury trials in Cook County, a historically plaintiff-friendly venue.

Nicolau v. Mt. Prospect Child Care Center, Inc.

After a five year old girl fell off the monkey bars and broke her arm, her parents sued the day care center in the Cook County Law Division alleging negligent supervision and claiming $64,442.14 in damages. During the jury trial, Plaintiffs presented seven witnesses in their case-in-chief over three and a half days, including a liability expert. The firm received the case just one month prior to trial and Jessica Biagi, an associate at Daniel P. Costello & Associates, LLC, did an outstanding job quickly preparing the matter for trial reviewing thousands of pages of evidence. Within only an hour of deliberation, the jury returned a verdict of not guilty.

Jeff Wilson v. Action Towing, Inc. and Roxanne Rorah

The plaintiff, a 50 year old limousine driver, claims he was injured after falling off the back of a flat bed tow truck owned by our client. The Plaintiff claimed the defendant gave him instructions on climbing the truck and failed to warn him of the danger involved. The plaintiff asked for $152,000 in damages including over $37,000 in medical specials. For the defense, Partner James Barrow first won a motion for summary judgment as to counts for res ipsa loquitur, negligent spoilation and intentional spoilation, leaving only negligence counts. During the four day trial, James got the plaintiff to admit he knew what he was doing was dangerous and made it clear to the jury that the defendant bore no fault for the plaintiff’s accident. After deliberating for two hours the jury returned a full defense verdict.Congratulations to both Jessica and James!

Man falls off Tow Truck Trying to Get a Can of Diet Coke

2012-L-012989 (Illinois, Cook County)

After plaintiff got in a car accident and had his car towed, the tow truck driver pulled to the side of the road before getting on the highway to check the chains and connections. During this, plaintiff attempted to get into his car to get a can of diet coke by climbing on the flatbed of the tow truck, and in the process he fell from the flatbed sustaining significant injuries.

Plaintiff, in an attempt to implicate the towing company, made a claim that the driver of the tow truck actually offered a can of coke to the plaintiff, stopped the truck so plaintiff could get his coke, and directed the plaintiff to get onto the flatbed of the truck. James Barrow, representing the towing company, vigorously denied plaintiff’s story. James won a motion to dismiss some of plaintiff’s claims such as a Res Ipsa Loquitur claim, but ultimately the negligence count remained and the case went to trial with plaintiff refusing to lower their demand under $100,000. James defended the towing company and convinced the jury the plaintiff’s version of events could not have been true, and won a full defense verdict.

Dan Costello to Speak at 2015 CLM Annual Conference

CLM PRESS RELEASE: Mr. Daniel Costello to speak at the 2015 CLM Annual Conference.

Mr. Daniel Costello, Managing Partner, Daniel P. Costello & Associates, LLC is speaking on the topic “LITIGATION MANAGEMENT - The New Normal- The Future of Best Practices For Counsel and Claims.” The annual conference will be held in Palm Desert, California, March 25-27, The CLM Annual Conference is the premier annual event for professionals in the claims and litigation management industries.

Dan Costello, managing partner of Daniel P. Costello & Associates, LLC, has years of experience concentrating in construction litigation, complex litigation, litigation management, professional liability, and insurance coverage matters. He actively works with insurance companies to improve their litigation management and claims handling protocols. He has also acted as an Instructor at the Litigation Management Institute (LMI) hosted at Columbia Law School in New York. In 2014 he was recognized as a finalist for CLM Outside Counsel of the Year award.In addition to his substantial legal experience where he has handled over 100 major jury trials, arbitrations, and mediations, he also has substantial corporate business experience. In his time working for a Fortune 500 insurance company he became the youngest AVP of Claims Litigation in the history of the 90 year old company rising to the position in only five and half years. During that time he also focused his attention on litigating the most complex and catastrophic loss cases across the country.

His bar admissions include the United States Supreme Court, the United States 7th Circuit Court of Appeals, U.S District Court for the Northern District of Illinois Trial and General Bar, U.S. District Court for the Northern District of Indiana Trial and General Bar, the Illinois Supreme Court, Pro Hac Vice to the Supreme Court of North Dakota 2005, Pro Hac Vice to the Supreme Court of Louisiana 2005, and other states.In addition to the CLM, Mr. Costello has also lectured all over the country to insurance companies, businesses, and Fortune 500 companies. He has presented on litigation management, ethical considerations, and construction contracts. He has been recognized as an innovator and leader in integrating law and technology. He has worked with state and federal courts, in the non-profit sector, advising on utilizing the web to promote the spread of information and the rule of law. He is also active in his community contributing legal services and acting as an Executive Council member for the Cara Program. He is also on National Alumni Board for Lewis University.

About the CLM:

The Claims and Litigation Management Alliance (CLM) promotes and furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. CLM’s Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provides resources and fosters communication among all in the industry. To learn more about the CLM, please visit www.theclm.org.

Contact: Susan Wisbey-Smith, Communications Manager, Claims and Litigation Management Alliance. 847-317-9103. susan.wisbey-smith@theclm.org

Dan Costello Featured in Litigation Management Magazine

Dan Costello to Speak at the 2014 CLM Litigation Management Institute

Daniel Costello, Managing Partner, Daniel P. Costello & Associates, LLC will be speaking on the topic, “Coverage Perspectives.” Hosted at Columbia Law School in New York City, the Litigation Management Institute (LMI) is the first certification program specifically designed to provide a comprehensive understanding of the business of litigation management.Dan Costello, managing partner of Daniel P. Costello & Associates, LLC, has years of experience concentrating in construction litigation, complex litigation, litigation management, professional liability, and insurance coverage matters. He actively works with insurance companies to improve their litigation management and claims handling protocols. He has also acted as an Instructor at the Litigation Management Institute (LMI) hosted at Columbia Law School in New York. In 2014 he was recognized as a finalist for CLM Outside Counsel of the Year award.In addition to his substantial legal experience where he has handled over 100 major jury trials, arbitrations, and mediations, he also has substantial corporate business experience. In his time working for a Fortune 500 insurance company he became the youngest AVP of Claims Litigation in the history of the 90 year old company rising to the position in only five and half years. During that time he also focused his attention on litigating the most complex and catastrophic loss cases across the country.

His bar admissions include the United States Supreme Court, the United States 7th Circuit Court of Appeals, U.S District Court for the Northern District of Illinois Trial and General Bar, U.S. District Court for the Northern District of Indiana Trial and General Bar, the Illinois Supreme Court, Pro Hac Vice to the Supreme Court of North Dakota 2005, Pro Hac Vice to the Supreme Court of Louisiana 2005, and other states.In addition to the CLM, Mr. Costello has also lectured all over the country to insurance companies, businesses, and Fortune 500 companies. He has presented on litigation management, ethical considerations, and construction contracts. He has been recognized as an innovator and leader in integrating law and technology. He has worked with state and federal courts, in the non-profit sector, advising on utilizing the web to promote the spread of information and the rule of law. He is also active in his community contributing legal services and acting as an Executive Council member for the Cara Program. He is also on National Alumni Board for Lewis University.

About the CLM

The Claims and Litigation Management Alliance (CLM) promotes and furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. CLM’s Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provides resources and fosters communication among all in the industry. To learn more about the CLM, please visit www.theclm.org.

Contact: Susan Wisbey-Smith, Communications Manager, Claims and Litigation Management Alliance. 847-317-9103. susan.wisbey-smith@theclm.org

Dan Costello Selected as a finalist for the CLM 2014 Outside Counsel Professional of the Year Award

Dan Costello has been selected as of one of four finalists for the Claim and Litigation Management (CLM) Outside Counsel Professional of the Year. This prestigious national award is in its third year and seeks nominations from its 25,000 plus members recognizing the efforts of counsel across the county who have transformed claims and litigation management best practices with innovative and effective solutions. Dan was the only attorney from the Midwest who was nominated as a finalist. The winner of the award will be chosen by the Advisary Board of CLM at the National Conference in Boca Ration Florida on April 9, 2014. The CLM is the only national organization created to meet the needs of professionals in the claims and litigation management industries.In addition to his day to day work litigating complex and construction claims, Dan Costello was recently recognized as an instructor on coverage litigation at the Litigation Management Institute (LMI) held at Columbia Law School in New York, and holds a Certified Ligation Management Professional (CLMP) designation.

For further information, please see March 7 announcement:

For Immediate Release
March 7, 2014

CLM Professionals of the Year Finalists Accounced

New York, NY – The finalists in the 2014 CLM Professionals of the Year Award Program, sponsored by Ringler Associates, have been selected. Because of the large quantity of exceptional nominees, four finalists have been chosen in each category. Finalists were chosen based on their commitment to the profession, leadership in the industry and contribution to the financial success of their company or clients.

The finalists will be recognized and the award winners will be announced on April 9 at the CLM Annual Conference in Boca Raton, Florida. Members of the CLM Advisory Board will select one winner in each of the three categories.

Claims Management
• Jeff Bilitz, Claims Director, West Bend Mutual Insurance Company
• Angela Henderson, Claims Manager, BerkleyNet
• Michael Mattix, General Counsel, Chief Claims Officer, Armed Forces Insurance
• Caryn Siebert, President and CEO, Carl Warren & Company

Litigation Management
• Robert Baer, Claim Executive, Arrowpoint Capital
• Jill Dulich, Senior Director, Marriott International, Inc.
• Michelle Stegmann, Nationwide Manager/Enviro & Regional Manager/Crisis Management Claims, Starr Indemnity & Liabiltiy Company
• Jennifer Wojciechowski, Senior Claims Technical Specialist – Casualty, Community Association Underwriters of America, Inc.

Outside Counsel
• Daniel Costello, Daniel P. Costello & Associates
• William Nebeker, Koeller, Nebeker, Carlson & Haluck, LLP
• Kevin O’Toole, O’Toole Fernandez Weiner Van Lieu, LLC
• Miranda Soto, Hamilton, Miller & Birthisel LLP

About the CLM
The CLM promotes and furthers the highest standards of claims and litigation management and brings together the leaders in both industries. CLM’s Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provides resources and fosters communication among all in the industry. To learn more about the CLM, please visit www.theclm.org.

Contact:
Susan Wisbey-Smith
Communications Manager, The CLM
847-317-9103
susan.wisbey-smith@theclm.org

Achieving Volume, Value and Reproducibility: Designing Our “New” Firm For the New World

By: Dan Costello

At the heart of town, there is a law firm with a marble fountain in its lobby that now sits silent, motionless and dry. The corner offices where attorneys once sat behind solid mahogany doors, looking down on the city and billing, always billing, are empty. The bullpen is eerily still. Turning off the lights for the last time and closing the heavy glass doors behind him, an aged attorney wonders to himself how it all came apart. One by one, clients left for faster leaner and more efficient competitors… firms he was too big, too slow and too expensive to compete with. He didn’t stand a chance.

According to a 2011 survey commissioned by the Council on Litigation Management, the overwhelming majority of carriers listed “faster resolution” as their top area where their existing counsel needed improvement. Respondents wanted their attorneys to “use their experience” to spend “less time in discovery” and “move cases more quickly.” But, these same carriers said that when it comes to achieving faster resolution through improved efficiency, only about 40% of firms “get it.”

Around the country, attorneys are facing the cold harsh truth that the legal profession is a marketplace. Attorneys are incentivized to treat every motion, contract, and memorandum like arcane texts that only a person with a legal degree and years of experience could ever hope to produce. This mentality is lucrative. To many senior attorneys, delegating this work to young associates, paralegals and *gasp* law clerks seems at-best like a missed opportunity to bill. While the lawyer who handles every task himself can achieve a high level of quality, they sacrifice volume, reproducibility and value, things that the current market demands. No client wants to hear that their litigation is dragging on needlessly because their attorney is spending too much time on someone else’s case. Most importantly, no client wants to hear that they paid more than they needed to for services because their attorney was doing tasks that could have been performed by an associate or paralegal. Yet this is the norm for many law firm across the country.

Now, imagine a law firm where, with a simple cue from an attorney, a team of paralegals, law clerks, and support staff begin drafting interrogatories, preparing subpoenas, and issuing discovery. This firm is fast. Everyone works from templates and standardized documents - tweaking and modifying them to suit the needs of the supervising attorney. Everyone uploads their work to the digital cloud for the supervising attorney to review electronically. And, no one needs to be in the same office, the same time zone, or even the same country. This law firm repeats success; it keeps an electronic library of every motion is has ever drafted. When that same attorney needs a motion, she directs her paralegal to motions covering similar issues and dealing with similar facts. Pulling from those motions, the paralegal crafts a brand new motion. The motion is reviewed, revised and filed 100% electronically. Successful motions and pleadings are incorporated into the firm’s knowledge base, while unsuccessful ones are not. And, because this firm is fast, the entire process takes a fraction of the time required by a traditional firm. Our firm understands value, keeping quality high and costs low. Systems are put in place to ensure that every piece of work product is reviewed by a supervising attorney. Routine processes are made near-automatic. With every case, the whole firm becomes smarter, faster and more efficient. At our firm, success is now repeatable. And our firm’s the most valuable resources, its attorneys, are freed up to focus on the tasks most critical to resolving cases for the client. Firms stuck in the old model really don’t stand a chance.

Daniel Costello to Serve as a Professor at the CLM 2013 Litigation Management Institute

Daniel Costello, Attorney, Daniel P. Costello & Associates, LLC, will be a professor at the Claims and Litigation Management Alliance Litigation Management Institute (LMI) speaking on the topic, “Coverage Perspectives.” Hosted at Columbia Law School in New York City, LMI is the first certification program specifically designed to provide a comprehensive understanding of the business of litigation management. The program is designed to bridge the gap between legal theory and litigation strategy, and the business aspects of litigation management. 

Daniel Costello, Founder of Daniel P. Costello & Associates, LLC, has years of experience concentrating in complex litigation, construction litigation, litigation management, and insurance coverage.  He has successfully handled over 150 major jury trials, arbitrations, and mediations. He has an undefeated trial record, working on significant multi-million dollar cases.  Mr. Costello has had handled some of the largest construction and products liability case in the state of Illinois.  Additionally, he has litigated and managed cases across the country including Washington, Texas, Louisiana, North Dakota, Wisconsin, Indiana, Missouri, and Illinois. Additionally, he has substantial corporate business experience. In his time working for a Fortune 500 insurance company he became the youngest VP of Claims Litigation in the history of the 90 year old company rising to the position in only five and half years. In his time working as the head of all staff counsel operations, and directing all litigation management programs the company experienced a significant turn around. During this time the company implemented a full range of cost and litigation management tools including the use of active metrics, counsel scorecards, continuous process improvements, and systematic audits. 

Mr. Costello graduated from Lewis University as an “Honors Scholar” graduating with High Honors with a Bachelor of Arts in Political Science/History.  He graduated from Chicago-Kent College of Law with a Juris Doctor and a certificate in Energy and Environmental Law.  He also received an post bachelor's Certificate in Leadership from Xavier University.About the CLMThe Claims and Litigation Management Alliance (CLM) promotes and furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. CLM’s Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provides resources and fosters communication among all in the industry.

To learn more about the CLM, please visit http://www.theclm.org. Contact:

Susan Wisbey-Smith, Communications Manager, Claims and Litigation Management Alliance

847-317-9103

susan.wisbey-smith@theclm.org

Apps for Beginners: An Adjuster's Guide to Going Mobile One App at a Time

photo

By: Jessica Biagi

Want to instantly communicate and share information with interested parties of a claim?  There are apps for that.  Looking for a simple way to increase efficiency and productivity?  There are hundreds of apps for that.  There are even apps these days that allow adjusters to estimate repair costs, evaluate pitch, and record interviews.  There seems to be an app for everything these days.  The possibilities are truly endless.  So where do you start?

In this age of smartphones and tablets, you “app up” not to gain a competitive edge, but rather so that you are not left behind.  Mobile functionality is the new standard these days. Yes, its great that you were able to check your email or read a news article while you waited for your flight.  But the adjuster that sat next to you at the airport was able to: review and annotate PDF documents from his desktop; electronically sign his name to a report; schedule a video conference with defense counsel; share updated travel information with his family; edit correspondence to be sent to a claimant; translate a recorded statement from Spanish; upload all his work to a secured network; and, email any changes he made to his colleagues working back at the office.  With all that he accomplished, your fellow traveler now has the free time to enjoy the peanuts and the in-flight movie.  That could have been you! That should have been you! Assuming you are ready to take the plunge and truly utilize that smartphone of yours, increased productivity is just a finger swipe away.  Categories of apps await you. 

There are apps for creating/editing documents, apps for taking notes; apps for storing documents; apps for researching; apps for organizing and scheduling...apps for pretty much everything.  With literally thousands of apps out there, the prospect of going mobile can be intimidating.  How do I know which app to download?  What are the things I should look out for?  Once I've downloaded an app, how do I learn how to use it? Although many apps are free or inexpensive, downloading an app is not just something you dive into.  First, it can be dangerous.  While some companies, like the Apple Store, screen their apps, other companies do not and put you at risk to hackers and viruses.  Moreover, if you are dealing with confidential information, there is an ethical duty to make reasonable efforts to protect that information and make sure it remains secure.  The good news is that there are countless websites only a Google search away that review apps and recommend which apps are safe and secure to try. In addition, you do not want to overdo it and flood your phone or tablet with apps.  Yes, there are a lot of cool apps out there.  However, downloading too many apps can be costly, distracting, and counter-productive.  You do not need to be a “Jack of all apps” to increase productivity.  Actually, learning how to use apps takes time, practice, and patience.  You would be better off (and I bet more efficient) if you selected and mastered only a few (especially those that integrate with other apps). So before hitting that download button, you should ask yourself, “What tasks do I most want to accomplish when I'm away from the office?”  No matter the answer, my guess is that there's an app for that!

To get you started, here are apps that come commonly recommended.  For reviewing and editing documents, Goodreader, iAnnotate, Pages, and Documents-To-Go. 

For storing and sharing documents among devices, Dropbox, SpiderOak, and Box.com. 

For taking and sharing notes, Noteshelf, Notability, and Evernote.  For creating presentations, Explain Everything, Keynote, and Timeline 3D. 

For electronically signing a document, SignMyPad, and SignNow. 

For scanning documents into a single PDF, DocScanner and Genius Scan. 

For scheduling and networking, Reminders, Calvetica, TripIt, MobileDay, and Smartr.  

2013-The Rise of "Big Data", and the Triumph of Effectiveness over Efficiency

By: Dan Costello

It was a balmy 80 degrees, the skies were blue, the air was dry, and the discussions were energized. Although the location was at a resort, I was not on vacation. I was at the CLM Annual Conference where most of the blue sky talk was on business strategy, and the energy came from some of the top executives and attorneys in the corporate, insurance, and legal communities. As I listened to some of the top thought leaders in the country, I was constantly struck with the commonality in their comments. The same thought kept popping into my head . . . "Are we ready for the next big leap?" According to IBM Consulting, over 90% of the world's data has been created in just the last two years. Known as "Big Data" every mouse click, tweet, post, invoice, and settlement for companies is being recorded. What does a company do with all that data? More importantly what value does it provide the business and its partners? These are questions that face large and small organizations alike and ones currently challenging the same thought leaders. In an act of hubris creating a solution to solve these problems, I think that successful organizations will tackle the "value" question only by:

Collaboration

Although its not the first time I have blogged about this, in the era of big data information sharing is paramount. With so much data, more information sharing would seem counter-productive. But, sharing partner specific data is essential. Sharing has been done successfully in corporations, but little has been done on whole to share this externally with litigation partners. In fact, the few leading companies sharing this with their business partners are the minority. Information sharing is not a one way street, as law firm partners should help to "crowd source" or "partner source" difficult information to capture, and provide it back to their clients to help add value. Data on KPIs such as total case outcome, which is reliable, and consistent helps to triangulate and identify problems. This also helps to significantly increase the brain power to collect, analyze and distribute data.

Visibility

What good is the data if its buried in a warehouse? When a coach is deciding which player to put in at the end of the game, he relies on data. He knows who has the best average, most goals, and best shooting percentage. But guess what, the player also knows his/her stats. All the data in the world is not helpful unless its put in context. If reducing cycle time is beneficial to you and your bottom line, let your partners know of your benchmarks, and where they fall on the spectrum. Is a 30% average good or bad? Well it depends if we are talking about a batting average in baseball, or save percentage in soccer.

Reward

Value is created when reward meets opportunity. Only by creating incentives to reach a common goal does value happen. Data lets us know how close we are to success, and drives us forward to get there. By the use of real time dashboards, managers and partners can highlight success, steer business to those at the top of the pyramid, and find more ways to incorporate top performers into their organizations. After all leaders are looking for effective problem solvers, not just those who are efficient on throwing things over the wall. Thomas Edison wisely stated "many of life's failures are people who did not realize how close they were to success when they gave up." Only by collaborating with visible benchmarks will partners truly succeed and conquer big data.

Guide to Utilizing Social Media Websites in Investigating Claims

By: Daniel P. Costello, Esq. & Jessica Biagi, Esq.

Why use social media websites to investigate claims? You would not believe what people are putting on the internet these days! A recently widowed husband claiming loss of consortium posts a picture of himself at a beach with barely dressed women wrapped around his waist. A claimant who broke his ankle tweets that he has fully recovered and cannot wait to run another marathon. A plaintiff's witness posts the day after the alleged incident that she is severely hungover and does not remember much about what happened the night before.

Social media can provide invaluable information when evaluating a claim, preparing a defense, or preparing for trial. For example, defense counsel can use a Facebook photograph or Twitter post you found on a social media website to rebut a claim for damages or impeach a plaintiff's credibility at trial. Nevertheless, in using social media to investigate claims, you need to be careful to avoid crossing the line and putting your defense counsel in an awkward ethical position.

How to keep things ethical

If the information is public, it is fair game. However, if a person's profile is set to private, certain ethical problems can arise. Attorneys are not allowed to use deceptive investigatory tactics or engage in prohibited communications, whether through their acts or the acts of another. This means that if you create a false profile or friend a represented claimant, the attorney can get in trouble and the information itself can be thrown out. While several jurisdictions allow attorneys to friend unrepresented individuals under certain circumstances, the safe bet is to alert defense counsel to the profile and allow them to make a formal discovery request.

How to make it count

Once you find the “smoking gun,” what do you do with it? To make it count, you need to properly collect the social media-based evidence so that defense counsel can circumstantially lay the foundation at trial. Make sure to preserve enough information about the website to establish that it belongs to the subject claimant/witness. Record the site's URL, how you found it, the date and time you viewed it, and any other identifying details (ie, username, stated location, communications with other witnesses). Using the “snipping tool” on your computer, take various snapshots of both the post and the profile in general. A judge will consider all the particular details in combination.

How to avoid surprises on this end

What goes around, comes around. Make sure to look up your clients and alert defense counsel to any potential issues with their social media websites. If no formal discovery request has been made in the case, it may be permissible to remove the adverse content.