Earlier this morning the Disputing blog published the first installment of a multi-part guest post we are writing, entitled “AT&T Mobility v. Concepcion:  Can Discover Bank Withstand Stolt-Nielsen Scrutiny?”  (Read it here.)  Our focus in that post will be how Stolt-Nielsen bears on the Federal Arbitration Act preemption questions before the Court, and in particular, what (if anything) we can glean from the upcoming oral argument about those questions.  

The first installment briefly describes the preemption issues and comments on the uncertainty surrounding implied preemption because of Associate Justice Clarence Thomas’ rejection of that doctrine in his Wyeth v. Levine, 555 U.S. ___, 129 S. Ct. 1187 (2009), concurring opinion, see 129 S. Ct. at 1205 (Thomas, J., concurring), and the deference he accords state law in Federal Arbitration Act cases which (unlike AT&T Mobility) are brought in state court.  See, e.g., Buckeye Check Cashing, Inc. v. Cardegna, 546 US 440 (2006) (Thomas, J., dissenting) (“[I]n state-court proceedings, the FAA cannot be the basis for displacing a state law that prohibits enforcement of an arbitration clause contained in a contract that is unenforceable under state law.”).

The first installment also poses some examples of the types of Stolt-Nielsen-related questions Justices might ask the Concepcions’ counsel at the argument.  It will be interesting to see whether the Court asks questions of this type, and, if so, what the Concepcions have to say in response.     

The number of future installments will depend on what transpires at the argument.  We suspect that there will be at least two.  

We would like to thank Karl Bayer and Beth Graham of the Disputing blog for featuring us as an AT&T Mobility  guest blogger.

The group, which was formed in May 2009, is now 1,008 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

The group, which was formed in May 2009, is now 900 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

But there is more.  Every one of these people is a great human being that is a pleasure to know and with whom it is a privilege to collaborate.  All are readily approachable and willing to share freely their impressive knowledge, skills and experience.  And that is what makes for a great Web 2.0 discussion and networking group.    

Nigel Shepherd, J.D., CPCU, ARe.  Nigel has twenty-five years of insurance and reinsurance experience, with a focus on global claims management. 

Nigel owns NCS Capital Management LLC, a boutique consulting firm that focuses on property and casualty (“P&C”) reinsurance and insurance matters.  NCS partners with New-York-City-based Lanzko Consulting, Inc. (co-manager Marc Lanzkowsky’s firm) to design and implement proactive strategies to reduce claims costs and mitigate loss exposure.   

Prior to forming NCS, Nigel was Global Head of Claims for both Aspen Specialty Insurance and the Alea Insurance Group, where he was responsible for claims strategies and operations worldwide.  He was part of Aspen’s Global Leadership Team, responsible for establishing and implementing a strategic plan for the worldwide claims operation.  Nigel integrated the diverse Group Claims business units into one team, simplified key operational risks associated with loss adjustment, and reduced redundancies, operational costs and paperwork.  He also formulated policies and procedures for legal service procurement, independent adjusters, third-party administrators and fraud control.    

Prior to his Aspen and Alea roles, Nigel was a Senior Vice President with Converium Reinsurance (f/k/a Zurich Re) and an Assistant Vice President at XL Reinsurance, leading and managing teams for a variety of reinsurance programs.  During his Converium tenure, Nigel had management responsibility for the professional liability, medical liability and special casualty liability business units.   Nigel also functioned as the Head of Claims, where he successfully managed commercial auto and general liability claims, and was instrumental in integrating into the underwriting department the claims department’s expertise in claims, actuarial matters and accounting.    

Nigel received a J.D. from Pace University School of Law in 1993, and a B.S. in Finance from Syracuse University’s Martin J. Whitman School of Management in 1984.  He is a member of the New York bar and holds the Chartered Property and Casualty Underwriting (“CPCU”) and Associate in Reinsurance (“ARe”) professional designations.   

Nigel’s insurance and reinsurance industry knowledge and experience, coupled with his legal and extensive claims management background, is a tremendous benefit to the group and its members.   

Robert Bear, FCAS, CPCU.  Robert Bear is a P&C consulting actuary and a reinsurance arbitrator and consultant.  He owns RAB Actuarial Solutions LLC, where he performs loss reserve studies and reinsurance pricing analyses requiring complex loss simulations; serves as a reinsurance arbitrator and expert witness in insurance and reinsurance arbitrations; resolves complex insurance coverage problems; researches and develops loss reserving models; and provides litigation and investor support. 

He has over 33 years of insurance and reinsurance industry experience, including 20 years managing reinsurance actuarial services.  He began his career at the Insurance Services Office (“ISO”), and served as an actuarial manager at the Prudential Reinsurance Company, Signet Star Re, L.L.C. and SCOR Reinsurance Company.  He then served as Senior Vice President and Chief Actuary of the PXRE Group, where he was responsible for actuarial loss reserving and pricing model development, as well as related corporate modeling. 

Bob is a Fellow of the Casualty Actuarial Society (“FCAS”), an ARIAS-U.S. certified insurance and reinsurance arbitrator, a Chartered Property Casualty Underwriter, a member of the American Academy of Actuaries, and a Fellow in the Conference of Consulting Actuaries.  He earned MS degrees in theoretical mathematics from New York University and in applied mathematics and economic systems from the Polytechnic Institute of New York.  He graduated summa cum laude from the University of Bridgeport, where he earned a B.A. in mathematics.   

Bob serves as Chairperson of the Casualty Actuarial Society (“CAS”) Dynamic Risk Modeling Committee and as co-chairperson of the CAS Loss Simulation Model Working Party.  He previously served as a Chairperson of the Reinsurance Association of America (“RAA”) Actuarial Committee and as President of Casualty Actuaries in Reinsurance (“CARe”).  He has authored several CAS discussion papers and articles on reinsurance pricing, loss reserving, and risk modeling issues.  His blog on actuarial and dynamic risk modeling issues is here. 

Bob also serves as a co-manager of LinkedIn’s Commercial and Industry Arbitration and Mediation Group, which is now over 880 members strong and is one of the premier online ADR discussion groups.   (See the latest post here)

Bob’s formidable technical and actuarial skills, combined with his industry and dispute-resolution knowledge and experience, are a great asset to the group and its members.    

Marc Lanzkowsky.    Marc is the founder and principal of Lanzko Consulting, Inc. and the Managing Editor of The Claims SPOT  blog, one of the only blogs (if not the only blog) that focuses exclusively on insurance and reinsurance claims.   Lanzko provides top notch claims consulting, auditing and management services, as well as claims-related operational management consulting services. 

Marc started his career as an insurance defense and coverage attorney in New York City, representing physicians and hospitals against malpractice claims and defending insurance companies in coverage disputes.  After practicing law for seven years, he became a Specialty Claims Adjuster at Zurich Insurance Company.  Managing physician, hospital and nursing liability claims, he was part of a black-belt team that helped improve claims-department operations.  

After being promoted to Northeast Regional Manager for Healthcare Medical Malpractice Claims, Marc was responsible for over 1,900 professional liability claims and more than $250 million in case and expense reserves.  He was subsequently promoted to Claims Director for Operational Innovation for the Specialty Claims Division.  As a direct report to the Vice President of Specialty Claims, Marc ensured operational efficiency for multiple specialty lines in a department consisting of 150 claims professionals handling 14,000 open claims.   He developed performance metrics to improve productivity and facilitate team management.  Tapped for the company’s 9-11 disaster recovery team, Marc assisted in the relocation of over 100 claims professionals within one week of that terrible tragedy. 

Following a successful career at Zurich, Marc was recruited to help build a specialty claims organization as Vice President (and, later, Senior Vice President) of Home Office Claims Management for Arch Insurance Company.  Charged with developing and implementing all internal processes and best practices for this new global P&C insurer, he created an innovative, fully accessible and paperless claims technology system, which was used by claims professionals worldwide.  Marc also assisted senior management in due diligence for potential acquisitions, and formed and managed relationships with multiple claims vendors.  As the company and department grew, Marc was put in charge of performance metrics and best-practices oversight for its 85 claims professionals and third-party administrators handling over 20,000 open claims. 

He also led the litigation management department and created a special investigation unit to help combat insurance fraud.  And by implementing a program to review legal invoices, he was able to reduce litigation expenses an average of 11% in the first year.  Outsourcing several back office functions and transferring the handling of primary casualty files to a new Midwestern claims office, he also helped reduce the company’s unallocated expense costs significantly. 

In addition to his work at Lansko, Marc serves as a member of the Board of Directors for IncentOne, a provider of integrated incentive solutions to clients ranging from small business to FORTUNE 500 companies. 

Marc received a bachelor’s degree from New York University  in 1988 and a Juris Doctorate degree from Pace University School of Law  in 1991.  He is a member of the New York bar. 

Marc’s extensive experience in direct insurance claims matters — coupled with his involvement in reinsurance-related matters, impressive contributions to the blogosphere, and energetic, entrepreneurial spirit – enables him to provide a unique perspective on the subject matter of this group.    

Theresa W. Hajost.   Theresa W. Hajost, an experienced, AV-rated reinsurance attorney, is a partner at Halloran & Sage LLP, and Senior Partner of its Washington Office.  She has over fifteen years of experience in reinsurance dispute resolution, and more than twenty-years of experience handling insurance coverage litigation.  She represents both cedents and reinsurers in arbitration and litigation; performs reinsurance claims audits and reserve sufficiency evaluations; negotiates commutations; and counsels clients on effective presentation of reinsurance claims.

In addition to reinsurance disputes, her litigation experience includes insurance-coverage cases arising from an assortment of claims and policy-types, with a concentration in complex environmental and toxic tort claims.  She has litigated professional liability, errors and omissions, directors and officers, bankers’ bonds, architects and engineers, and board of education claims.  She also has significant experience handling federal and state appeals. 

Theresa is also a lecturer for the University of Wisconsin Business School’s annual courses “Reinsurance Management and Accounting” and “Reinsurance:  Advanced Concepts,” and has authored a number of articles concerning reinsurance, insurance and arbitration practice and procedure.  Throughout her legal career, Theresa has maintained an active pro bono practice, representing clients ranging from children in abuse and neglect proceedings to persons committed to mental institutions.   

Theresa’s wide-ranging experience as an expert reinsurance and insurance litigator, instructor, author and commentator gives her a unique perspective not only on reinsurance claims, but on reinsurance dispute resolution in general, all of which she shares with the group and its members.    

Bill Hook.   Bill is a long-time friend, mentor and colleague of mine, as well as a sometimes client.  Based in London, he was Head of Technical Operations (and Group Head of Claims) for the Tawa Group.  With Tawa’s purchase of Pro Insurance Solutions Ltd. (“Pro”), which now manages the runoff of CX Re, KX Re and PX Re, Bill has assumed a senior claims management role in that firm.  Pro provides run-off management and professional services to the international insurance and reinsurance industry. 

Bill has over 30 years experience in the insurance and reinsurance industry.  He initially worked as an underwriter in 1971 for a composite insurer and moved to its reinsurance arm in 1979 where he undertook a claims supervisory role.  In 1982 he joined CIGNA and subsequently became Claims Director for their European run-off operations.  From there he joined Price Waterhouse Coopers  (U.K.) (“PwC”), where he specialized in claims management and reinsurance disputes on behalf of a number of U.K. insolvencies, including The Charter Re, The Independent and Black Sea & Baltic.  He also provided claims consultancy services for a number of active writers, including Lloyd’s syndicates, and was responsible for the business development of the claims consultancy offering of the firm. 

Bill left PwC to join the Tawa Group in 2004, where he became Head of Claims, and later, Head of Technical Operations.  Part of the Tawa senior management team, he operates extensively in the due diligence process of run-off acquisition targets, manages the Tawa/Pro claims team, and provides claims and runoff management consultancy services to a large number of  companies outside the Tawa Group.    

Bill has contributed articles on claims management and claims audits/inspections to Insurance Day, Run-off & Restructuring Magazine, and Mealey’s Reports, and periodically speaks at industry seminars.  In November 2009 he was appointed to the Board of the prestigious Association of Run-off Companies (“ARC”), where he is a member of the Marketing & Public Relations Committee as well as the Academy training facility.    

Bill brings to bear a wealth of reinsurance and run-off-management-related knowledge, skill and experience, and the unique perspective he has on the U.S., London and European markets gives the group a truly international focus.     

Philip J. Loree Jr.  You can read about my background and experience at the Loree & Loree website here. 

The other co-managers and I are thrilled about the new group and look forward to making it work for its members. 

The group, which is already more than 80 members strong, welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in reinsurance claims.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, please click here and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can click here to apply for membership in the group.  Joining LinkedIn is free, as is joining the group.

We look forward to meeting you online!

After being in existence for only two days, the group has grown to 38 members, and our good friends Marc Lanzkowsky, Theresa Hajost and George Simpson, IV have  graciously agreed to join Nigel, Robert and me on the co-management team.  We intend to publish a shortly an article discussing the backgrounds and credentials of our very talented and diverse team. 

The group is a forum for the open discussion of issues and sharing of information concerning ceded and assumed reinsurance claims in the U.S. and overseas markets.  Topics of discussion may include, but are not limited to the presentation, adjustment, processing, settlement and payment of ceded and assumed reinsurance claims; claims dispute resolution, including litigation, arbitration, mediation and other forms of ADR; commutation; handling claims for a company in run-off; handling claims for an active writer; collections, including collections from companies in run off; comparative claims practices and procedures (e.g., London versus U.S. market); claims issues pertinent to insurance insolvencies; and coordination between the claims department and other departments of the company.  The group welcomes members from both the U.S. and international community.

Persons who should consider joining the group include in-house claims professionals; in-house and outside counsel; claims consultants and experts; actuaries; reinsurance arbitrators and mediators; brokers with claims responsibilities; and anyone genuinely interested in learning more about the subject.  The purpose of the group is information sharing and professional networking.  

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in reinsurance claims.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can click here to apply for membership in the group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

According to the post announcing the initial nominees (here):

As many of you know, there are blogs, and then there are blogs. When we consider a blog for membership in ILC’s annual Top 50, we look for frequent posts, timely topics, and quality writing. Only the best may gain admission. Our readers have come to expect nothing less, and we wouldn’t have it any other way.  (emphasis in original)

If you read and enjoy the Loree Reinsurance and Arbitration Law Forum, we would be grateful if you would post a comment at the LexisNexis Insurance Law Community site recommending us for inclusion in the final Top 50 list.  Instructions on how to do so are here. 

We also note that our good friend Marc Lanzkowsky’s blog, The Claims SPOT, was included in the initial list of nominees.  If you are not already familiar with Marc’s blog, then we urge you to check it out, because we think you’ll like what you see.  And whether or not you are already familiar with Marc’s blog, if you share our view that it should be included in the final top 50 list, then please be sure to let LexisNexis know here.

Many thanks to all of our readers for your continued support!

EDITOR’S NOTE:  LexisNexis has advised us that the comment period has now been extended to July 9, 2010. 

The group, which was formed in May 2009, is now more than 800 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

Some LinkedIn groups are a little dull, featuring little or no meaningful discussion and plenty of shameless self promotion.  But this group is a lively one that enjoys debating issues and sharing information and experiences.  Discussions have been frequent and spirited, the group is internationally and professionally diverse, and group members have access to several ADR blog feeds, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

The Group is co-managed by Don Philbin, Jr., Karl Bayer, Robert Bear, Victoria Van Buren and me.  Sharing the burden of group management makes it easier to keep up a steady flow of discussion and interaction. 

But the Group’s greatest strength is its membership, which is bright, talented, accomplished, friendly and willing to share to insights and information concerning arbitration, mediation, negotiation and other forms of dispute resolution.  It is a fine example of how social media can foster excellent professional networking communities.    

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer and international arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group’s membership features a number of highly-accomplished mediators, dispute resolution professionals, ADR bloggers and professors.  Not being a mediator myself, I have learned much about mediation simply through group discussions.      

We welcome new members both from the United States and other countries.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

Some LinkedIn groups are a little dull, featuring little or no meaningful discussion and plenty of shameless self promotion.  But this group is a lively one that enjoys debating issues and sharing information and experiences.  Discussions have been frequent and spirited, the group is internationally and professionally diverse, and group members have access to several ADR blog feeds, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer and international arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group’s membership features a number of highly-accomplished mediators, dispute resolution professionals, and ADR bloggers and professors.  Not being a mediator myself, I have learned much about mediation simply through group discussions.      

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

1.  Create good content.

2.  Be social.

3.  Don’t plagiarize. 

This sage advice applies not only to ADR blogging, but to serious blogging in general.  And Diane’s Mediation Channel is a fine example of a blog that sticks to these important principles. 

Diane was also kind enough to mention the Loree Reinsurance and Arbitration Law Forum — along with several other, excellent ADR blogs – as “examples of [blogs that] .  .  .  make the ADR blogosphere a great neighborhood to hang out in,” and which “consistently honor[]“ her three principles of responsible blogging.   We were, of course, flattered by this mention, and thank Diane for her support of not only our blog, but of the many other great ADR blogs with whom we are honored to keep company.

Diane’s comments made me reflect on the question whether there is a cohesive reinsurance blogging community in place, and, if not, what we could do to help foster one.  There is unquestionably a very social and accomplished group of bloggers that cover ADR-related topics.  While there are a few blogs out there that regularly cover reinsurance-related matters, there are not that many, and they do not interact as much as one might think they would.  There are exceptions to this rule — we’ll make it a point to survey the “reinsurance blogosphere” in the near future  and report to readers on what is out there — but, let’s face it, compared to the ADR blogosphere, the reinsurance blogosphere is still pretty undeveloped.  

I think reinsurance bloggers could learn much from ADR bloggers.  In the coming weeks we’ll give some thought to how the reinsurance blogosphere might improve itself.  And we’ll draw on Diane Levin’s teachings, as well as those of other accomplished ADR bloggers.