Monthly Archives: April 2013

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Saving Your Company From a Social Media Nightmare

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Facebook has more than 1 billion users worldwide. Twitter processes more than 340 million tweets per day. What is the liability for your company? Are you liable for postings made from employees’ own devices? Can you legally access your employees’ social media sites or base hiring and firing decisions on them?

“Social Media in the Workplace: Litigation Risks and Insurance Coverage” — a RIMS 2013 session — covered these critical issues. Presenting on the topic were:

  • Karen Bachman, director, risk management and privacy for Shire Pharmaceuticals
  • Max Perkins, underwriter, specialty lines for Beazley Group
  • Joann Lytle, partner, McCarter & English, LLP
What is social media? According to Merriam-Webster, it’s:
Forms of electronic communication (as Web sites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages, and other content (as videos)
“It’s basically what we have done for years in terms of networking and interfacing but it’s now in an electronic format that moves at the speed of sound and speed of light,” said Perkins.”It can be scary at times but can also be used to your benefit.”By now, most of us are aware of the reasons why companies use social media, including:
  • marketing
  • customer service
  • market research
  • hiring

But what are the concerns?

  • Privacy “What if someone makes a mistake and mentions a patient’s health history,” asked Perkins. “How is your HR team using social media? Are they able to do that legally?”
  • The speed and ease of communication lead people to make impulsive, ill-considered comments
  • Permanent record

But alas, as the speakers pointed out, there are resources available to organizations that wish to manage the risks of social media? They can:

  • Draft a social media use policy
  • Require employee training
  • Monitor social media use
  • Purchase insurance “It’s not all there right now, it’s still developing,” said Perkins.
Joann Lytle used an interesting, real-world example. A health clinic employee disclosed the contents of a patient’s medical file, including the fact that the patient had a sexually transmitted disease from a sexual partner other than her husband. Another employe created a MySpace page with picture of the patient and disclosed the contents of her medical file, disclosing she has an STD. Though the page was only up for a few days, it was enough for a legal case against Fairview (Yath vs Fairview Clinic).
It seems like it would be a cut and dry case, ending in Yath’s favor.But that’s not what happened.
Fairview had a policy prohibiting the use of social media at work. Technical evidence demonstrated that the MySpace page was not created at the employer’s place of business.
“It really saved Fairview,” said Lytle. “They did the right thing and took the right steps. If any of the factors were different, it could’ve been a huge liability.“
How should a company respond to a potentially damaging post? “This is the kind of thing you should be planning for in advance,” said Bachman
  • Take full responsibility — in social media, it’s impossible to run and hide
  • Make no excuses — stick to clarifying an incident — stick with real data
  • Respond immediately 
  • Do not get into an ongoing conversation with other posters — you’re just going to get deeper and deeper into trouble with no way to dig yourself out

We only need to look at LinkedIn’s Top 5 Corporate Twitter Disasters of 2012 to understand how a simple mistake or an irate employee can cause a media nightmare.Companies can establish a framework to manage risk these risks, however. Aside from monitoring and training, companies can purchase media content liability coverage, including:

  • Defamation, libel, slander, infringement of copyright
  • Infringement of domain name, trademark, trade name, trade dress
  • Plagiarism, piracy, misappropriation of ideas under an implied contract
  • Invasion or interference with an individual’s right to privacy

“One thing to think about is where your culture is within the organization,” said Perkins. “Do you have a cultural awareness of what social media is?”

RIMS Presents Awards and Honors

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RIMS announced the winners of its series of industry awards yesterday, which were presented during the RIMS 2013 Annual Conference & Exhibition Award Luncheon in Los Angeles.

The Harry and Dorothy Goodell Award, RIMS’ most prestigious honor, was presented to Daniel W. Houston (pictured above), executive director, enterprise risk management and learning for The McCart Group in Duluth, Georgia. Named in honor of RIMS first president, the award pays tribute to an individual who has furthered the goals of the Society and the risk management discipline through outstanding service and achievement.

The Richard W. Bland Memorial Award was presented to Janet Kerr, vice president of risk management, Boston Properties, Inc. The award was created by RIMS Kansas City Chapter in 1974 to recognize a member’s dedicated commitment in the area of legislation or regulation.

The Ron Judd “Heart of RIMS” Award pays tribute to the legacy of Ron Judd, who served as RIMS executive director for 22 years. Individuals are nominated by chapters for outstanding performance in furthering risk management at the chapter level.

This year, there were two “Heart of RIMS” Award winners.  Scott B. Clark, risk & benefits officer for the Miami-Dade County Public Schools and former RIMS President in 2011, was presented with the award for his work with RIMS Greater Miami Chapter.  Karin McDonald, director of risk and insurance for Hydro One Networks Inc., was also presented with the award for her work with the RIMS Ontario Chapter.

The Cristy Award was presented to Ed C Mitchell, director of risk management for Metropolitan Stevedore Company in Wilmington, California. This award acknowledges the individual who earned the highest marks on the three exams required to earn the Associate of Risk Management designation.

RIMS and Business Insurance magazine presented the 2013 Risk Manager of the Year Award to Lori Gray, risk management division chief for Prince William County in Virginia.

RIMS also recognized the exceptional work of its chapters for outstanding chapter programming and conferences, advancing the risk management profession, outstanding member services, and membership growth. Details about chapter award winners will be available at www.RIMS.org/newsroom.

RIMS 2013 Opening Reception in Pictures

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Last night, RIMS 2013 Conference & Exhibition attendees took over downtown Los Angeles to enjoy the beautiful weather and celebrate the start of a great experience. Held at LA Live, the party was full of great food and drink, lively music and true Hollywood entertainment, including Joan Rivers, Humphrey Bogart and Elizabeth Taylor to name a few.

A few pics from the red carpet:

 

RIMS and AIG Announce 2013 Risk Management Hall of Fame Inductees

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Robert Nighan (second from left) accepted the honor for Hall of Fame inductee David Sterling while the late Robert Spencer’s honor was accepted by his wife Charlotte (third from right) and daughter Libby (second from right). (Photo: Joe Zwielich)

David C. Sterling and Robert S. Spencer are the newest members of the Risk Management Hall of Fame, RIMS and AIG announced today. The Risk Management Hall of Fame serves as a means to maintain the history of the field of risk management and recognizes risk practitioners who have made significant contributions to advancing the discipline. Both honorees were officially inducted at RIMS 2013 Annual Conference & Exhibition in Los Angeles.

In order to be selected, the Risk Management Hall of Fame considers the following criteria: considerable contributions to the field; significant achievements, innovation and trend setting; demonstrated leadership, character and service; and the highest caliber of ethical and professional conduct.

So with this in mind, here are some of the accomplishments of the 2013 inductees:

DAVID C. STERLING

David C. Sterling joined The Hartford Financial Services Group, Inc. in 1964 after serving two years with the U.S. Army at Fort Kobbe, Panama Canal Zone.  He retired from The Hartford after 42 years as assistant vice president and senior risk manager, where he managed The Hartford’s worldwide risk programs and exposures to accidental loss including the placement of all insurance and non-insurance programs designed to protect the organization.

David is a risk and insurance pioneer. He purchased and implemented one of the first EPLI (employment practices liability insurance) programs in the insurance industry; purchased and implemented one of the first cyber risk liability, property and crime insurance programs; and implemented one of the industry’s first blended multi-year program for a financial institution and rolled the program over several times to achieve significant savings.

Throughout his career, he shared his professional experiences and expertise with students and risk professionals who expressed interest in advancing their careers.

At the West Hartford Branch of the University of Connecticut, he taught the Insurance Institute of America’s Risk Assessment program, one of three courses required for The Institute’s Associate in Risk Management (ARM) designation.

Additionally, he was a reviewer of The American Institute for CPCU (now called “The Institutes”) texts for the Chartered Property Casualty Underwriter (CPCU) designation program which focuses on risk management and insurance, as well as a reviewer of other texts published by them. For more than 30 years, he served The Institutes on its CPCU Exam Review Committee. He also authored a CPCU monograph entitled “Environmental Liability: An Insurance Perspective.”

David is currently a member of RIMS Connecticut Valley Chapter, the CPCU Society and the Society of CIC. He holds 28 professional risk management and insurance designations, as well as a State of Connecticut’s producer’s license and a State of Connecticut’s certified insurance consultant license.

ROBERT SPENCER

During his 17-year career, Robert S. Spencer held numerous risk management positions including vice president of insurance for Fuqua Industries Inc.

At Fuqua, he was responsible for the development and implementation of the organization’s risk management program that included a very diverse portfolio that includes everything from the manufacturing of lawnmowers and sporting good to being the eighth-largest trucking company in the United States. In 1976, he co-founded Fuqua’s Bermuda-based captive, Fuqua Insurance Company Ltd.

Robert is credited with setting standards on the dealings of captives with reinsurance markets, both domestic and international. He was also responsible for a workers compensation self-retention program that was adopted by 31 U.S. states in the Fuqua program.

Robert served the Atlanta Chapter of RIMS in all officer positions including president in 1973. He also served as a vice president of RIMS from 1974 – 1977 and RIMS president from 1977 – 1978. He was a founding member of the Canadian Institute of Chartered Accountants.

Most importantly, Robert was quick to share the knowledge he gained with others so that the principles of “good” risk management could be passed on without reinvention. He fostered numerous programs at both the Atlanta Chapter and international levels of RIMS to support students, and expose them to the risk management profession.

Thirty-four years after his death in 1979, his legacy continues to provide educational opportunities for young men and women seeking to advance their education in business, insurance, actuarial sciences, and the risk management fields through the Spencer Educational Foundation.  Established in 1979 in his memory, the Foundation funds the education of tomorrow’s risk management and insurance industry leaders.  Since 1999, the charitable organization has awarded $4.7 million in student scholarships and $2.2 million in educational grants.

Additionally, Robert was responsible for establishing RIMS’ Anita Benedetti Student Involvement Program in 1978.