{"id":574364,"date":"2025-01-02T11:16:41","date_gmt":"2025-01-02T17:16:41","guid":{"rendered":"https:\/\/plusweb.org\/?post_type=podcast&#038;p=574364"},"modified":"2025-01-02T12:20:18","modified_gmt":"2025-01-02T18:20:18","slug":"the-precipice-episode-4","status":"publish","type":"podcast","link":"https:\/\/plusweb.org\/podcast\/the-precipice-episode-4\/","title":{"rendered":"The Precipice Episode 4"},"content":{"rendered":"<p>Introducing \u201cThe Precipice,\u201d the podcast series dedicated to illuminating the horizon of management and professional liability. Featuring conversations with professional liability claims and underwriting executives, experts, ethicists, and leading lawyers involved in the prosecution and defense of management and professional liability claims, each episode offers a deep dive into the what is in view, what\u2019s around the corner, and what is looming on the horizon with regard to management and professional liability risks. From risks presented by rapidly emerging technological advancements shaping how we live our lives and interact with professionals, to evolving expectations of the roles and responsibility of management and liability professionals, to changing social mores and shifting legal landscapes, we will offer provocative discussions regarding what\u2019s next, and offer listeners proactive strategies for managing these emerging risks, and defending the coming claims.<\/p>\n<p>In this episode, Peter engages with top mediators Mark Bunim, Jennifer Lupo, and Theo Cheng to explore the nuances of mediation. From tactics for overcoming impasses to addressing unethical behavior and successful deal-making, this episode delves into the mechanics, art, and science of mediation. Tune in to learn how these experts bring conflicting parties together to find resolution and how mediation processes can be both challenging and rewarding for all involved.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introducing \u201cThe Precipice,\u201d the podcast series dedicated to illuminating the horizon of&hellip;<\/p>\n","protected":false},"featured_media":574507,"template":"","business-line":[47],"topic":[29],"class_list":["post-574364","podcast","type-podcast","status-publish","has-post-thumbnail","hentry","business-line-other-business-lines","topic-professional-liability-pl-insurance"],"acf":{"release-date":"20250102","episode":"4","audio-embed":"<div id=\"buzzsprout-player-16370329\"><\/div><script src=\"https:\/\/www.buzzsprout.com\/1312540\/episodes\/16370329-the-precipice-episode-4.js?container_id=buzzsprout-player-16370329&player=small\" type=\"text\/javascript\" charset=\"utf-8\"><\/script>","speakers":[{"headshot":29373,"name":"Peter Biging","podcast_role":"Host","title_company_name":"Partner, Goldberg Segalla LLP","biography":"Peter Biging is an accomplished trial and appellate attorney with more than 30 years of experience as a litigator in the state and federal courts of New York. His practice focuses on litigation involving directors and officers, financial institutions and defense of management and professional liability claims, including the defense of a variety of professionals against errors and omissions claims, labor and employment practices litigation, commercial litigation, municipal liability litigation, and professional liability coverage work. His work as a litigator includes defending a variety of financial service professionals, including insurance agents and brokers, investment advisers, accountants, broker-dealers and their registered representatives. He also regularly represents lawyers, real estate and title agents, and a variety of miscellaneous professionals. Peter regularly handles complex, high-stakes commercial litigations and claims involving allegations of fraud or malfeasance, as well as litigations of non-solicitation\/non-compete disputes. A partner in the firm's Manhattan offices, he heads up the Goldberg Segalla metro area Management and Professional Liability practice, and is Co-chair of the M&PL practice group nationally. Peter is widely recognized as an authority on D&O, management and professional liability, E&O, EPL, and professional liability coverage issues. In addition to regularly writing and presenting to national audiences on these topics, he is active in a number of organizations devoted to the education and development of lawyers involved in management & professional liability defense work, including his current role as a member of the Board of the Professional Liability Defense Federation (PLDF) (for which he currently serves as president-elect), various posts within the American Bar Association\u2019s Tort, Trial & Insurance Practice Section (TIPS) (including Chair of the Editorial Board of The Brief, the TIPS flagship magazine), and his active participation in the Professional Liability Underwriting Society (PLUS), and the Claim and Litigation Management Alliance (CLM), for whom he has written numerous articles, given numerous presentations, and served on several committees. He is regularly recognized as a New York metro area Super Lawyer in Professional Liability Defense, is AV rated by Martindale Hubbell as having the highest levels of skill and integrity, and has been selected a Top 100 Bet the Company Litigator."},{"headshot":574503,"name":"Mark J. Bunim, Esq.","podcast_role":"Guest","title_company_name":"Arbitrator and Mediator, Case Closure LLC","biography":"MARK J. BUNIM is an advanced trained Mediator and Arbitrator and an attorney licensed to practice in the Courts of New York and the United States Courts, since 1976. Mr. Bunim has conducted over 400 mediations and dozens of arbitrations concerning insurance policy related and coverage issues, complex business disputes and partnership disputes. Mr. Bunim\u2019s arbitrations and mediations have principally involved all insurance policy types including general liability, property, construction, employment practices, supply-chain, business interruption, directors and officers, rep. and warranty, professional liability, life, disability and Workers Comp. He has also arbitrated and mediated many insurance industry related business disputes between insurers and: MGAs; brokers and agents and general commercial disputes and Family Business Disputes. Mr. Bunim has been selected as \u201c2013 Top Rated Lawyer in Insurance Law\u201d by\u00a0the American Lawyer\/ New York Law Journal. Mr. Bunim has also been selected as a member of the National Academy of Distinguished Neutrals (NADN) and as a Charter Member of the New York Academy of Mediators and Arbitrators. Mr. Bunim is a Fellow of the College of Commercial Arbitrators. He is\u00a0 on the Panel of Large and Complex Case Arbitrators at the American Arbitration Association and designated as an \u201cinsurance coverage specialist\u201d; the Panel of Insurance Mediators of the American Arbitration Association; the Panel of Commercial and Insurance Arbitrators and Mediators of FedArb.; the panel of the National Association of Distinguished Neutrals; and is Chairman of Case Closure Arbitrators and Mediators. He is the immediate past\u00a0 Co- Chair of the \u00a0New York State Bar Assn. Insurance Dispute Committee of the DR Section."},{"headshot":574504,"name":"Jennifer Lupo","podcast_role":"Guest","title_company_name":"Managing Member, Lupo Law, Arbitration & Mediation PLLC","biography":"Jennifer Lupo is a distinguished neutral with more than 30 years' experience. Her areas of expertise lie in resolving business-to-business, complex commercial, employment, entertainment and sports, and insurance disputes. She brings a unique perspective to her craft as a neutral because she has sat in each seat at the dispute resolution table; as a civil litigator, as a general counsel to private and public companies, and finally, as the neutral. \r\n\r\nMs. Lupo is a member of the commercial and employment arbitration and mediation rosters of the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution (CPR), the National Association of Distinguished Neutrals; and a Financial Industry Regulatory Authority (FINRA) arbitrator. She is also a member of mediation panels of the United States District Court for the Southern and Eastern Districts of New York, and several New York State court panels including the Commercial Division, New York county. "},{"headshot":574505,"name":"Theo Cheng","podcast_role":"Guest","title_company_name":"Arbitrator and Mediator, ADR Office of Theo Cheng","biography":"Theo Cheng is an independent, full-time arbitrator and mediator, focusing on commercial, intellectual property, technology, entertainment, and employment disputes, including breach of contract and negligence actions,\r\ntrade secret theft, employment discrimination claims, wage-and-hour disputes, and IP infringement contentions. Mr.\r\nCheng has been appointed to the rosters of the American Arbitration Association, the International Centre for\r\nDispute Resolution, the CPR Institute, Resolute Systems, the American Intellectual Property Law Association\u2019s List\r\nof Arbitrators and Mediators, and the Silicon Valley Arbitration & Mediation Center\u2019s List of the World\u2019s Leading Technology Neutrals. He is also a AAA Master Mediator and serves on the AAA\u2019s Council. Mr. Cheng is an Adjunct Professor at New York Law School and was appointed a Practitioner in Residence at the Center for Intellectual\r\nProperty x Innovation Policy (C-IP2) at George Mason University Antonin Scalia Law School. Mr. Cheng is a Past\r\nPresident of the Justice Marie L. Garibaldi American Inn of Court for ADR, a Past Chair of the New York State Bar\r\nAssociation Dispute Resolution Section, and currently serves as the Vice President of the Copyright Society. Mr.\r\nCheng is also a member of the National Academy of Distinguished Neutrals and a Fellow of the College of\r\nCommercial Arbitrators. He received the 2024 Richard K. Jeydel Award from the Garibaldi Inn and the 2020 James\r\nB. Boskey ADR Practitioner of the Year Award from the New Jersey State Bar Association Dispute Resolution\r\nSection, and the National Law Journal named him a 2017 ADR Champion. In 2022-2024, Mr. Cheng was voted a Top\r\nArbitrator in the New York Law Journal\u2019s Best of Reader Rankings Survey. In 2021, Mr. Cheng was voted the Best\r\nMediator\/Arbitrator in the New Jersey Law Journal\u2019s Best of Reader Rankings Survey."}],"download-transcript":"https:\/\/plusweb.org\/wp-content\/uploads\/2025\/01\/The-Precipice-Episode-4-Transcript-Final.pdf","listen-now":"https:\/\/www.buzzsprout.com\/1312540\/episodes\/16370329"},"_links":{"self":[{"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/podcast\/574364","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/podcast"}],"about":[{"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/types\/podcast"}],"version-history":[{"count":3,"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/podcast\/574364\/revisions"}],"predecessor-version":[{"id":574644,"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/podcast\/574364\/revisions\/574644"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/media\/574507"}],"wp:attachment":[{"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/media?parent=574364"}],"wp:term":[{"taxonomy":"business-line","embeddable":true,"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/business-line?post=574364"},{"taxonomy":"topic","embeddable":true,"href":"https:\/\/plusweb.org\/wp-json\/wp\/v2\/topic?post=574364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}