Dear NRRDA Members,
 
It’s hard to believe summer is almost over! NRRDA is busy on multiple fronts:
 
The Board of Directors just returned from its summer board meeting at the site of the 2025 Annual Conference in Fort Worth, TX. We were happy to host a local happy hour and it was fantastic to connect with fellow members and get a sneak peek at the conference venue. The board also participated in a strategic long range planning workshop, based in part on the membership survey results. Thanks to those of you who took the survey. We will provide more details on the plan once finalized.

Next up for NRRDA is the 2024 Lighthouse Seminar in Nashville, TN on October 23-24, 2024. Currently there is a wait list for Attorneys and Vendors but plenty of space for Industry members. Registration is free for industry and 5 CLE credits are offered.

Our Annual Conference Committee is currently drafting the program for our 2025 Annual Conference in Fort Worth, and we look forward to delivering another excellent, in-depth program.

We also invite industry members to apply for scholarships to attend #nrrda2025. The scholarships provide free registration and $1,000 in travel and hotel reimbursements. Additionally, NRRDA welcomes Industry panel counsel meetings. This year these will take place on Monday, March 3. The NRRDA office will assist with all the details. Since space is limited, please contact [email protected] as soon as possible to secure your spot.

Be sure to check in often at nrrda.org for the latest news and updates.

Thank you for being a vital part of NRRDA. Together, let's navigate the future with knowledge, collaboration, and excellence.
 
John Kemppainen, NRRDA President
​

​What Is a Psychological IME and How Can It Assist You in Case Management?
By: Daniel B. LoPreto, Ph.D. | Leidos QTC Health Services

Psychological injury claims are common within Workers’ Compensation, early disability retirement and tort litigation claims. In fact, studies estimate that 1 in 3 workplace disability claims are due to mental health problems. While mental health problems represent about a third of all disability claims, they result in over two thirds of all disability costs. (read more) 

Plaintiff was Overtreated and Overcharged: Does the Jury Care? 
By:  Floyd G Cottrell | Rawle & Henderson LLP & Steve M. Wood, Ph.D. | Courtroom Sciences, Inc.

Defend negligence claims for any length of time and you will inevitably encounter the plaintiff that rushed to surgery or treated extensively, but beyond any apparent need or to no benefit. A compelling defense is constructed that the treatment was not needed, and its cost was exorbitant. Is that enough to defeat plaintiff’s claims of damages? Or can the jury disregard the defense’s evidence and see plaintiff as a “double victim,” first of the accident and then of the doctors? In short, how does a jury process this defense? Consider these scenarios. (read more)

Don’t Wait for the Other Cole Haan Shoe to Drop: Affirming Summary Judgment in California’s Sixth District Court of Appeal
By: Rick Somes | Managing Partner, Tyson & Mendes Orange County & Ariel Gozzip | Tyson & Mendes Northern California

Cole Haan LLC emerged unscathed in a recent legal victory following a premises liability claim brought against the renowned retail brand. Santa Clara County Superior Court’s swift grant of summary judgment in favor of Cole Haan in May 2022 was echoed in California’s Sixth District Court of Appeal, affirming the retail store had not breached its duty to plaintiff, Lin Li.[i] (read more)

No Good Deed Goes Unpunished - When Employees Sue Employers Over Alleged Defects in the Company 401(k) Plan
 By: Jeffrey M. Koonankeil | Encore Fiduciary

What is Excessive Fee Litigation?               
Excessive Fee Litigation involves a class action lawsuit filed by a participant in a company’s 401(k) plan in which a plan participant(s) alleges that the fiduciaries of the 401(k) plan breached their fiduciary duties under The Employee Retirement Income Security Act (“ERISA”).  The participant alleges that the fiduciary committed a breach if the fiduciary caused the 401(k) plan to experience, for the most part, one or more of the following:  ​(read more)
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Dear NRRDA Members,

I am thrilled to introduce myself as the new president of the National Retail and Restaurant Defense Association (NRRDA). We have an exciting year ahead, and I wanted to share some key updates and opportunities with you.

First, I am excited to announce that this year's Lighthouse Seminar will be held in Nashville, TN, on October 24. Our Annual Conference is scheduled to take place in the city of Fort Worth, TX on March 3-5, 2025. We hope these fantastic locations will attract new members to join us and attend our sessions, while also continuing to engage our long-time members.

We strongly encourage all members to get involved this year. Whether you are a seasoned member or new to NRRDA, your participation is invaluable. If you are interested in joining a committee, please reach out to us at [email protected]. We welcome your enthusiasm and ideas!

We are committed to ensuring that you make the most of your membership with NRRDA. If you have any questions or need further information, please do not hesitate to contact us.

Looking forward to a fantastic year together!

Warm regards,
John Kempainen
President, NRRDA Board of Directors 

​​Efficiency and Data Security with AI 
By: Mike Murray | Veritext Director of Creative & Technical Solutions​

Artificial intelligence is changing how legal professionals manage cases, conduct research and handle routine tasks. While AI brings increased efficiency and improved outcomes, it also introduces new challenges, particularly regarding data security and privacy. In this article, we’ll explore how AI is reshaping the legal landscape and provide guidance on leveraging these technologies while considering important safeguards for sensitive information. (Read More)

New Kids on the Block: Embracing Young Professionals to Defuse Nuclear Verdicts®
By: Sitar Bhatt and Rick Somes | Tyson & Mendes

Baby Boomers (1946-1954) and Generation X (1965-1980) have long been the majority of individuals in the workforce in the United States. However, as older generations begin to retire, Millennials and Gen Z (collectively the “New Kids on the Block”) are rapidly entering and leading the workforce with new ideas and fresh perspectives. The New Kids on the Block are also starting to make up our jury pools and serve as judges. Listening to and understanding the voices of the New Kids on the Block in the insurance defense industry will not only be beneficial, but imperative to the success of defending claims in the near future. (Read More)

Fast-Track Claims and Grift Card Settlements
​By: Gregory LeRoy | Gallagher Bassett

For retailers, the frequency of customer claims is high; however, the complexity is generally low. In fact, about 90% of all retail claims will settle for under $1,000, providing a sound argument for the implementation of a fast-track adjudication approach to claims management.1 If it is possible to settle a claim during the first call (ideally with a gift card), this not only encourages returning to the store but also boosts customer satisfaction and prevents the claim from developing further. (Read More)

Retail Fraud in America
By: Marci Reading, CFE | Command Investigations
​
The Coalition Against Insurance Fraud reports that insurance fraud costs the US over $308 billion annually, across multiple and diverse lines of business. (Read More)

Uptick in Litigation Increases Importance of In-Store Camera Video System for the Retail Industry

A young man enters a retailer wearing a mask in 2020. In the midst of COVID, that was not unusual. However, in this case the mask was not for health reasons, but for ill intent. He began to grab bottles of liquid soap detergent and squirt it on the floors and merchandise. Unfortunately, shortly thereafter a customer of the store slipped and fell on the liquid soap on the floor. (Read More)

The NRRDA Board of Directors has two ATTORNEY seats and one INDUSTRY seat open for election for the 2024-2027 term. We encourage you to run or nominate someone you feel is worthy of guiding NRRDA into the future.   We need a passionate and action-oriented board as we move NRRDA into the next level of excellence.

Have you run before and not been elected? The competition is often fierce but this drives a well-rounded and passionate team and we encourage you to run again. 

Click here to access the NOMINATION FORM. You can nominate yourself.

Please note that qualifications for Board directorship include:

• Active membership in good standing for at least three consecutive years.
• Committee volunteer for at least two years.
• Only 1 attorney per law firm can be an active voting Director at a given time.

Please submit your completed nomination form by January 12, 2024.

Credit cards are a hugely popular payment method in restaurants in the US. According to March 2022 PYMNTS data, 33% of consumers used credit cards for restaurant visits, more than twice the number paying cash.  Read more here...

In November, NRRDA hosted its first ever Lawyers' Lounge - an attorney members-only Zoom call dedicated to addressing the pressing legal concerns within the retail and restaurant industry. Close to 30 attorney members shared insights and trends on the issues facing clients today. NRRDA will continue these calls and invite all attorneys to attend. Watch for the next date early in the new year.  Should you have any specific topics or cases you would like to address during the call, please reply to this email with your suggestions, and we will do our best to incorporate them into the agenda.

​Registration is open! NRRDA is offering 10 CLE and adjuster credits for a program brimming with content that addresses the latest in industry concerns, technology and solutions!  Click over to www.nrrda.org/annual-conference.html for all details about the program, service outing, golf outing, and pickleball tournament. Space is limited so register today!

Dear NRRDA Members,

Fall is in the air and we are in the middle of hurricane season, which leaves many of us on edge.  The property insurance carriers continue to increase premiums because of the number of catastrophic events that have occurred over the past few years.  In California, on the residential side, some of the major property insurance carriers have pulled out of the State completely.

It is clear that we need to think differently about risks, our approach to claims handling, and the uncertainty of the future.  The NRRDA Lighthouse and Annual Conference committees are working diligently to create educational sessions that challenge the current mindset of many in our industry and instead focus on a forward thinking and creative approach.  It is clear that looking at history may not be the best way to think about the future of claims handling and risk management. 

What continues to intrigue me about NRRDA is the willingness to bring the best minds in our industry together and have candid conversations about what is working, what is not, and what claims professionals need to do to control the cost of litigation.  Opposing law firms are leveraging insurance carriers against each other (excess v primary) and their clients in anticipation that the fear of nuclear verdicts, punitive damages, traumatic brain injury allegations, and emotional juries will result in larger settlements.  This approach has been working and the word is getting out.  As risk managers with talented defense teams, we need to be developing more strategic approaches to take the “fear” out of claims settlements, a topic that will be heavily discussed in Rancho Mirage, at our annual conference. 

NRRDA has incredible momentum and our Lighthouse event in Louisville sold out within days.  Our annual conference in Rancho Mirage, California is a little earlier than typical and starts February 21 - February 23, 2024.  If you are planning to attend this event, please check our website frequently for updates as we do limit attendance.  I can assure you that our plans for both Lighthouse and our Annual Conference have taken the networking, educational sessions, and fun, to new levels.  I look forward to seeing you at these events and, if you are interested in golfing in Rancho Mirage, we have a great outing lined up on February 21th, so come early and enjoy all that the desert has to offer at that time of year. 

Respectfully,

​Kurt Leisure

It’s important to look at loss control efforts when you are looking at frequency changes. Since 72% of retail claims occur within the lower age group, loss control efforts are not likely to be focused on age-related factors in this sector. Moreover, for the past three years, since the emergence of COVID, loss prevention has also had to shift their attention from traditional measures to new risks, such as fraud from online pickup, overall shrink rates and an uptick in organized retail crime, which is at an all-time high.4

​Read more here.

NRRDA's annual sponsorship program offers the opportunity to showcase your brand. By becoming an NRRDA Annual Sponsor, you can choose from three prestigious sponsorship levels: Gold, Silver, or Bronze, each with its own set of exclusive benefits.

Annual Sponsor Benefits

• Prominent Online Visibility
• Featured on the Conference App
• Discount to NRRDA Events
• And Much More

To secure a spot as an NRRDA Annual Sponsor and start enjoying these exclusive benefits, click here for the sponsorship prospectus. You can also contact us at [email protected]. We will be happy to discuss the sponsorship levels in more detail and assist with any inquiries you may have.

Sponsor benefits will begin on November 1st, 2023.

See's Candies are delicious, but a decision involving Woodworkers has delivered a sweet victory for California employers.  See’s Candies are delicious, but who would have guessed that when California employers opened a box of those wonderful treats, it would be the truffle filled with wood that would be the sweetest of all?

Read more here.
​

Dear NRRDA Members,
​
​As we head into the heart of summer, I am reflecting on the tumultuous recent spring weather and the promise of sunny days ahead; remember, I’m based in California! I also recognize that there is still a lot of uncertainty in this world, and there is not going to be a “back to the way things were”, at least from a risk management perspective. 

The emerging risks that are causing us to lose sleep at night mostly revolve around technology and what might be coming in the near future. Artificial Intelligence, the next cyber attack twist, the use of Chatgpt and the drain on power supplies from the move to electric vehicles, are just a few of these risk related discussions we are having. 

On the non-tech side, we are still struggling to manage active shooters and the fear of taking a defensible claim to trial because jury pools appear to be so unpredictable. Mental health and traumatic brain injury allegations seem to now be a part of every claim but understanding how these fit into our traditional claims approach is yet to be fully worked through.

As we confront these challenges, the member’s only NRRDA Lighthouse and Annual Conference committees are working to bring the experts to the table so we can network and navigate through solutions to these emerging risks. Our Lighthouse event, scheduled for the evening of October 25th and through the day on the 26th in Louisville, KY, is coming up quickly. We have some unique networking events planned that you will not want to miss.  Make sure that your membership is current; we expect this to sell out quickly.
​
I hope you have an amazing summer with some scheduled vacation on the calendar. Look for updates on our website as well as in our posts on LinkedIn. We are here to support you, let us know what we can provide to you, our membership, to better engage and add value to your NRRDA membership.
 
Respectfully,
 
Kurt Leisure

The Sobering Truth About Surveillance
​Surveillance systems are a fantastic deterrent to crime and a liability defense tool, but are you preserving enough footage and is this technology being used against you?  This session will dig into your legal obligations of preserving this critical evidence and what you need to know when discovery requests ask for your surveillance data.
Virtual Training:  The Good, The Bad and the (Hopefully Not Too) Ugly
Virtual training is here to stay.  There are many advantages to companies such as centralized supervision of training and the reduction labor hours required to put on programs.  But there are also downsides.  The panel will discuss the pluses from a corporate perspective as well as the potential for increased risk in terms of third -party liability, Workers’ Compensation and employment liability exposure
Tort Reform in 2023: From Florida to the Future
While Florida had the most significant Tort Reform changes in recent memory, there is still much work to be done.  We will discuss what has happened there and in other states, what may still be needed, and how these statutory changes impact the Retail and Restaurant industries and our best practices
Mental Health is it just “Angel’s Share”
This session will be a presentation and discussion on the real impact of mental health on productivity, work environment & culture and, ultimately, the outcomes on GL and WC claims. Regarding WC, how do we care for the whole person? Let’s talk about the 900 lb. barrel in the room.
​“He’s dead Jim!” Is civility dead and gone?
In this age of polarization and nuclear verdicts, how do we respond to the growing lack of civility in litigation and what do the ethical rules have to say about it.  This session will provide an in-depth discussion regarding professionalism, courtesy, and how to work with a difficult opponent.

Email [email protected] for the chance to register first on August 1.

Support the sixth Lighthouse Seminar with one of the following high exposure sponsorship opportunities - limited availability on a first come first serve basis. Sponsors are acknowledged online and on all printed seminar materials. NRRDA thanks you for your support. Click here for the full list.

A Medicare Set-Aside (MSA) is a financial agreement that reserves a portion of a workers’ compensation settlement to cover future treatment and prescription costs of an injury, illness, or disease. MSAs were designed to protect Medicare from paying for post-settlement treatment related to the underlying injury for which the employer/workers’ compensation carrier would remain liable for if the claim was not settled. Utilized when an injured worker is or will soon be a Medicare beneficiary, MSAs project future injury-related medical costs over the person’s life expectancy. 

​Read more here.

By now we have all received a barrage of news regarding “nuclear verdicts.” These are generally thought of as verdicts of $10 million or more, or those significantly above what anyone expected.  They usually refer to causes of action arising outside of the mass tort arena and class actions.  Click ​here to read more.

The modern security ecosystem is diverse and ever-changing, a place where cyber risk is top of mind for leaders at all levels, and threats to information / data security and privacy evolve at the speed of the technical innovations driving progress. Within this dynamic ecosystem, we are increasingly connected across the globe, where organizations and individuals equally face the ever-present threat from cyber-attack. No one is immune, the potential impact of a successful digital attack on your assets can affect operations, reputation, customer goodwill, and so much more. Click here to read more.

​The aftermath of the pandemic and the subsequent lockdown affected industries across the globe, but none more so than the restaurant business. The National Restaurant Association (NRA) estimates 90,000 restaurants were shuttered either temporarily or permanently because of COVID-19. While Quick Service Restaurants (QSRs) were better positioned to weather the storm by offering takeout and delivery, sit-down and fine dining establishments in particular struggled with staffing. Moreover, the hiring crunch continues to linger post-COVID-19. Here are five considerations
for restaurants dealing with hiring challenge. Click here to read more.

When investigating a slip and fall incident, forensic experts are often asked to comment on how slippery a surface would have been under certain conditions and whether a typical person would have slipped in that situation. In order to answer these two questions, experts conduct slip testing to determine the frictional properties between the floor and the surface of an object contacting the floor (i.e. the sole of a shoe). There are two major challenges to conducting scientifically accurate slip testing: accurately replicating the floor condition and accurately simulating the human gait, especially the heel strike. Click here to read more.

Retail and hospitality providers have always strived to create welcoming and inclusive environments for their customers. Yet as recent events demonstrate, customers are increasingly interested in how the businesses they frequent treat another group of individuals – their employees. In fact, a growing number of retail and hospitality customers purposefully seek out establishments that demonstrate a commitment toward equality and inclusivity of all groups in its workforce, including those in the LGBTQ+ community. Interested employers should be aware of this trend and adopt policies and procedures that reflect a commitment toward an inclusive work environment for all potential workers, including members of the LGBTQ+ community. Click here to read more.