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Smile You are on Candid Camera! Cellphones, Drones, and Granny Cams, a Tortfeasor’s Worst Nightmare

March 11, 2019

WSHB Partner Constance Endelicato Leads Panel Discussion at 2019 CLM Annual Conference

Emerging technology has given us the ability to capture photographs and videos through the use of smartphones, doorbells, and even children’s’ teddy bears. With the proliferation of images and video is the realistic shrinking privacy of those captured in acts, both innocent and nefarious. When it comes to litigation, these images speak louder than words of witnesses to the trier of fact.

This emerging, hot topic will be addressed head on by WSHB Partner Constance Endelicato who will lead a panel discussion entitled “Smile You are on Candid Camera! Cellphones, Drones, and Granny Cams, a Tortfeasor’s Worst Nightmare” at the 2019 Claims and Litigation Management Alliance (CLM) Annual Conference on March 15th at 10:40 a.m. Joining Ms. Endelicato in the dais will be Caryn Siebert, Gallagher Bassett Services; Leslie Smith, ProAssurance Corporation; and David Prisco, Avalon Claims Management.

Pictures are worth a thousand words and in the case of videographic evidence in litigation, they can be worth thousands, if not millions of dollars. With the widespread use of hidden cameras in homes, businesses, hospitals, and automobiles, as well as the obvious access and ease of instant video at our fingertips with use of cellphones, more and more we are faced with litigation in all aspects of claims that are now supported by this explicit evidence.

“With increased frequency, we are seeing the power of videographic evidence playing a crucial role in enhancing damages and creating issues for those defending the case,” said Endelicato, a celebrated trial lawyer with an unprecedented string of defense verdicts. “The videos inevitably end up on social media outlets such as YouTube and can lead to a media frenzy. We are seeing everything from dash-cams catching mass collisions, drones incidentally recording injury and assault incidents, and granny cams capturing physical abuse of elders in skilled nursing facilities.” Endelicato explained this panel will discuss claims management and litigation principles including evaluation of coverage, evidentiary challenges, public relations, settlement strategy, as well as offer objectives to minimize exposure.

Constance Endelicato is an accomplished trial lawyer with over 30 years of litigation experience in defending professional liability claims and is a member of the American Board of Trial Advocates. She defends physicians, hospitals, and skilled nursing facilities, as well as legal and accounting professionals, among other service providers. She also defends employers in wrongful termination and discrimination actions. She is experienced in handling class actions, mass tort litigation, appellate and federal matters. She is admitted to practice in the United States District Court, Central, Northern, and Southern Districts of California. She was recently honored by CLM as a “Woman to Watch” at the annual event in New York.

CLM’s Annual Conference is the premier annual event for professionals in the claims and litigation management industries. The Conference is a tremendous mix of interactive educational sessions and fun networking events which provides the attendees with the opportunity to select from more than 80 collaborative educational sessions focused on all facets of the industry. This year’s CLM Annual Conference is being held on March 13 – 15, 2019 at the Orlando World Center Marriott in Orlando, Florida.

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