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  • Captive Insurance & Bonding: A Deeper Dive

    Contains 3 Component(s) Recorded On: 02/20/2019

    In this session, speaker and innovator in the captive insurance industry Brandon White​, will look deep into the Captive Universe. We will explore the uses of captive insurance vehicles and how organizations are using them for bonding purposes. We will also discuss the impact of captives that are outside of the bonding program and how best to work alongside and what counsel to give your clients around the benefits and drawbacks of the captive structure in their business.

    In this session, speaker and innovator in the captive insurance industry Brandon White, will look deep into the Captive Universe. We will explore the uses of captive insurance vehicles and how organizations are using them for bonding purposes. We will also discuss the impact of captives that are outside of the bonding program and how best to work alongside and what counsel to give your clients around the benefits and drawbacks of the captive structure in their business. 

    Brandon White

    Founder/President

    Brandon M. White, CIC, CRM, CWCA has sparked innovation in the captive insurance industry since 2003, working with the most forward-thinking risk management focused firms throughout the United States and Canada. He has been hired to speak across the globe on captive insurance structures because of his holistic view of risk management philosophy and his expertise in simplifying the complexity of the concept. Having worked with over 400 executive teams in the creation of their captive insurance program, he brings real-world, independent expertise to any discussion on the topic. Brandon has worked with firms in eleven countries and 47 US states on the topic of alternative risk.

    Upon graduating from the University of Kentucky with a BA in Integrated Strategic Communications, where he was a student-athlete on scholarship for American football, Brandon immersed himself in the risk management arena while working in the oil/gas industry with one of the largest direct insurance writers in the niche. While working on the insurance company side of the industry, he completed a 10-month classroom training program on insurance contracts and various risk management philosophies where he was first exposed to the concept of alternative risk financing and it’s many variables. It was here that Brandon was the architect of one of the first energy-focused off shore captive insurance programs of its kind. It is still successful to this day.

    Following up on this success, Brandon shifted his career to become a Practice Leader for one of the top five global brokerage firms. In this time, he worked with several Fortune 100 clients in the creation of their alternative risk financing strategies. Programs designed in this time included captives, dividend, quota share, retro, and large deductible structures of various types.

    In 2011, seeing a gap in the marketplace, Brandon founded the independent captive consultancy, Ambassador Captive Solutions (ACS). Since its beginnings, ACS has innovated in the captive insurance industry by bringing an independent, third-party approach to the creation stage of a captive program. Through an unparalleled network of captive managers, actuaries, attorneys and reinsurance facilities, ACS advises clients on the best captive structure to meet the strategic risk management needs of their large corporate clientele. With expertise that spans the captive insurance spectrum including single parent, sponsored cell, group or the 831(b) election, ACS has been the architect of over four hundred captive programs for their clients.

    In 2015, 2016 & 2017, Captive Review magazine in the United Kingdom honored Ambassador as one of three global finalists for its annual “Captive Innovation” award.

    Brandon lives in Louisville, KY where he serves his community through being a youth leader at his church, serving on the regional council for the Boy Scouts of America, founding a youth football organization that caters to low-income families, and through coaching various sports at the YMCA. He is driven by his wife and two young sons. 

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.

  • Bid Protest: When to Protest and When Not to Protest

    Contains 3 Component(s)

    Government contracts, bid protests are on the rise. And, bid protests are a critical tool in the toolbox of every construction contractor that operates in the federal sector. Accordingly, contractors and their surety advisers must understand the contractors’ rights and obligations in order to make decisions that are in the best interests of their company. On this virtual seminar experienced government contracts attorney, Barron Avery will address the factors contractors should consider when awards go to competitors, and they are weighing whether to protest.

    Government contracts, bid protests are on the rise. And, bid protests are a critical tool in the toolbox of every construction contractor that operates in the federal sector. Accordingly, contractors and their surety advisers must understand the contractors’ rights and obligations in order to make decisions that are in the best interests of their company. On this virtual seminar experienced government contracts attorney Barron Avery will address the factors contractors should consider when awards go to competitors, and they are weighing  whether to protest.

    This important topic presents an exciting opportunity for you to host this NASBP Virtual Seminar for your construction clients or to share the information on how they too can register to participate in this live or recorded Virtual Seminar

    Sponsored by: Old Republic Surety

    Barron Avery, Esq.

    Partner

    W. Barron A. Avery is counsel at Baker & Hostetler LLP in Washington, DC, where he counsels and represents government contractors and subcontractors in a wide range of matters involving all aspects of federal government contracting. With substantial knowledge of the rules and regulations that drive the government contracts industry, Avery provides knowledgeable day-to-day advice and counseling to clients faced with government contracting matters.

    In addition to his counseling practice, Avery has extensive experience litigating matters on behalf of government contractors and subcontractors. Avery regularly brings and defends bid protests at the Government Accountability Office and the Court of Federal Claims, representing clients in a wide range of industries, including construction. He also has significant experience litigating contract disputes before the Court of Federal Claims and the boards of contract appeals, particularly the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals, as well as resolving disputes between prime contractors and subcontractors in federal district court and through alternative dispute resolution.

    Avery received a BA from Hampden-Sydney College and a JD, cum laude, from Georgetown University Law Center. He is a member of the Virginia and District of Columbia bars.

    William B. O'Reilly

    Associate

    William is a member of the firm’s Government Contracts team, William O’Reilly assists clients with all phases of government contracting and subcontracting, from contract formation and bid protests to performance counseling, as well as internal investigations and remediation. He has a range of experience in litigation and arbitration matters before all manner of courts and administrative tribunals. William’s multidisciplinary background allows him to take a unique approach to all of his clients’ situations, utilizing his insight and varied experience. 

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.


  • Construction Industry Dispute Resolution and Avoidance Tools – and the Implications for Bond Principals, Producers and Underwriters

    Contains 3 Component(s) Recorded On: 12/18/2018

    This NASBP Virtual Seminar will provide an overview of construction industry dispute resolution and avoidance tools. Presenter Steve Nelson, will dive into some of the trends and improvements in the traditional dispute resolution processes, such as step negotiation, litigation, arbitration, and mediation. As well as take a look at some of the lesser known tools like Dispute Review Boards, and the increasingly popular use of Standing Neutrals and Neutral Evaluators, with comments on how the use of these tools might change the risk profile of a project and bond underwriting requirements for those projects. In short, we will take a look at what works, what doesn’t, what’s new, and what’s trending in this arena and what that means for bond principals, producers and underwriters.

    This NASBP Virtual Seminar will provide an overview of construction industry dispute resolution and avoidance tools. Presenter Steve Nelson, will dive into some of the trends and improvements in the traditional dispute resolution processes, such as step negotiation, litigation, arbitration, and mediation. As well as take a look at some of the lesser known tools like Dispute Review Boards, and the increasingly popular use of Standing Neutrals and Neutral Evaluators, with comments on how the use of these tools might change the risk profile of a project and bond underwriting requirements for those projects. In short, we will take a look at what works, what doesn’t, what’s new, and what’s trending in this arena and what that means for bond principals, producers and underwriters.

    This evolving topic presents an exciting opportunity for you to host this NASBP Virtual Seminar for your construction clients or to share the information on how they too can register to participate in this live or recorded Virtual Seminar

    Steve Nelson

    Executive Vice President and General Counsel, SureTec Insurance Company and President, SureTec Information Systems

    Steve Nelson is Executive Vice President and General Counsel, SureTec Insurance Company and President, SureTec Information Systems, Inc. in Austin, TX. He joined SureTec Insurance Company, a regional surety company, and SureTec Information Systems, Inc., a construction financial services and risk consulting company, in 2001 after six years as CEO of Faulkner Construction Company, a large construction firm headquartered in Austin, TX. At Faulkner, Mr. Nelson e was part of executive management and de facto general counsel for sister companies involved in real estate development and the mechanical, stone and tile, road and bridge, and concrete - pumping businesses.


  • The SBA Today: It's Not Your Grandfather's Bond Guarantee Program

    Contains 3 Component(s) Recorded On: 12/14/2018

    The U.S. Small Business Administration's Surety Bond Guarantee Program (SBG) is vastly different today from the one that began in 1971. Until a decade ago users found the SBG Program to be paper intensive, time consuming, and sometimes frustrating. Today the SBG Program is fast, simple, and streamlined with a paperless, web-based application process that requires only two or three forms beyond the typical surety underwriting package and provides approvals in time frames from just a few hours to less than two days.

    The U.S. Small Business Administration's Surety Bond Guarantee Program (SBG) is vastly different today from the one that began in 1971. Until a decade ago users found the SBG Program to be paper intensive, time consuming, and sometimes frustrating. Today the SBG Program is fast, simple, and streamlined with a paperless, web-based application process that requires only two or three forms beyond the typical surety underwriting package and provides approvals in time frames from just a few hours to less than two days.

    Tamara Murray

    Underwriting & Marketing Specialist, U.S. Small Business Administration, Surety Bond Guarantee Program

    Tamara E. Murray is the Underwriting & Marketing Specialist for the U.S. Small Business Administration’s Surety Bond Guarantee Program in Denver, Colorado. Tamara joined SBA in 2007 and is responsible for marketing and outreach to the surety and small business community and underwriting review and approval of contract bond guarantee applications for an 18-state territory. Tamara works closely with bond agents and surety companies who provide over $6 billion in bond guarantees to small businesses annually. Her marketing efforts on behalf of SBA’s Bond Guarantee Program resulted in the publication of a professional article in the December 2014 issue of The Risk Management Association Journal entitled “Minimizing Contractor Defaults: SBA Surety Bond Guarantee Can Open Door to Bonding”.

    Ms. Murray began her career in the surety industry in 1990 as the bond manager for a small independent bonding agency in Fort Worth, Texas and continued her surety career in Denver, Colorado as a contract bond underwriter for a small regional surety before joining the federal government. 

     Ms. Murray received her Associates degree in Accounting and Finance in 2000 from Tarrant County College and is currently attending Colorado State University working on her Bachelor’s in Marketing. Tamara resides in Brighton, Colorado where she enjoys gardening for flora and fauna and spending time with her granddaughter.

  • Best Practices for Documenting Claims and Avoiding Risk

    Contains 3 Component(s)

    S. Gregory Joy, a partner in the Washington, D.C. and Atlanta offices of Smith, Currie & Hancock, will explain how contractors can document claims and avoid risk. Joy has helped contractors to obtain or maintain federal, state and local contracts through bid protests and Small Business Administration size protests. In addition, Joy has successfully defended contractors whose accepted bids for contracts have been challenged.

    S. Gregory Joy, a partner in the Washington, D.C. and Atlanta offices of Smith, Currie & Hancock, will explain how contractors can document claims and avoid risk. Joy has helped contractors to obtain or maintain federal, state and local contracts through bid protests and Small Business Administration size protests. In addition, Joy has successfully defended contractors whose accepted bids for contracts have been challenged.

    S. Gregory Joy

    Partner, Smith, Currie & Hancock LLP, Washington, D.C. and Atlanta, GA

    S. Gregory Joy is a partner in the Washington, D.C. and the Atlanta offices of Smith, Currie & Hancock LLP. Gregg has divided his practice between public and private contracting, having handled hundreds of construction, commercial and government contracts cases since 1984.  Gregg has represented owners, prime contractors, subcontractors and suppliers throughout the United States, as well as the Caribbean, South America, Saudi Arabia and Guantanamo Bay, Cuba. He has represented clients on projects including public transit systems, hospitals, courthouses, schools, university buildings, office buildings, churches, casinos, steel mill, public park, public flood control, U.S. Navy wharf, federal and state military training facilities, federal air traffic control facility, water and wastewater treatment facilities, water and sewer utilities, warehouses, condominiums and apartment construction projects. He has also represented concessionaires and service contractors on federal, state and local contracts including maintenance, food services, refuse collection and disposal, laundry services and other services.

    Gregg has represented clients pursuing and defending against claims in federal and state courts, boards of contract appeals, administrative proceedings, arbitrations and mediations throughout the United States, placing an emphasis on trying to resolve claims to try to minimize risks and costs. He has also helped contractors to obtain or maintain federal, state and local contracts through bid protests and SBA size protests and has successfully defended contractors whose accepted bids for contracts have been challenged. Gregg also has had extensive experience with mechanics’ lien and public bond matters throughout the United States, and he has assisted in writing portions of the Georgia mechanics’ and materialmen’s lien and public works bond laws.

  • Risk Management of Working in New Markets

    Contains 3 Component(s) Recorded On: 12/14/2018

    When contractors leave home to follow their customers to new areas or look to pursue public work in new geographical locations, the risks can outweigh the opportunities. To ensure a project’s success, it’s critical to take the time to investigate all potential issues that could affect the decision to work away from home.

    When contractors leave home to follow their customers to new areas or look to pursue public work in new geographical locations, the risks can outweigh the opportunities. To ensure a project’s success, it’s critical to take the time to investigate all potential issues that could affect the decision to work away from home.

    Susan L. McGreevy

    Construction Attorney & Partner, Stinson Leonard Street

    Susan McGreevy is a Construction Attorney, advising and representing clients, training construction company staff, negotiating and preparing contracts. She represents contractors, developers, public owners, designers and works with insurers and sureties. 

    She negotiates to create win-win situations for clients with other firms, and is known for finding creative ways to resolve problems.

  • The Surety’s Salvage Rights Against the Principal, Indemnitors and Third Parties: What Do Bond Producers Need to Know?

    Contains 3 Component(s) Recorded On: 12/04/2018

    This seminar will explore the surety’s key rights under the industry-standard General Agreement of Indemnity (GAI), as well as the surety’s well-established common law rights, focusing on what bond producers need to know in order to guide their clients through the process. The seminar will include, among other things, a discussion of the execution of indemnity agreements by the bond principal and additional indemnitors; the requirement of personal guaranties from the contractor/bond principal; the posting of security by the contractor / bond principal; events triggering the surety’s rights to indemnity; the scope of the surety’s rights to indemnity; how to work with the surety in a claims situation; the surety’s rights to collateral security and the GAI’s so-called collateral security clause; the surety’s rights under the prima facie evidence clause; the surety’s rights of equitable subrogation; the surety’s duty to investigate claims; the surety’s right to settle claims; and the standards of good faith governing a surety’s actions.

    This seminar will explore the surety’s key rights under the industry-standard General Agreement of Indemnity (GAI), as well as the surety’s well-established common law rights, focusing on what bond producers need to know in order to guide their clients through the process. The seminar will include, among other things, a discussion of the execution of indemnity agreements by the bond principal and additional indemnitors; the requirement of personal guaranties from the contractor/bond principal; the posting of security by the contractor / bond principal; events triggering the surety’s rights to indemnity; the scope of the surety’s rights to indemnity; how to work with the surety in a claims situation; the surety’s rights to collateral security and the GAI’s so-called collateral security clause; the surety’s rights under the prima facie evidence clause; the surety’s rights of equitable subrogation; the surety’s duty to investigate claims; the surety’s right to settle claims; and the standards of good faith governing a surety’s actions.

    Todd Regan

    Robinson & Cole LLP

    Todd Regan is a partner at the law firm of Robinson & Cole LLP in Hartford, Connecticut. His practice is dedicated to the construction and surety industries.  He represents the full range of construction and surety industry stakeholders in claims involving project delays and inefficiencies, defective design and construction, unfair trade practices and bad faith, and mechanic's liens and bond claims. Regan has argued before the First Circuit Court of Appeals and the Connecticut Supreme Court on significant legal issues concerning the construction and surety industries. He also counsels construction industry members in the negotiation and drafting of project-related agreements.

    Regan is a member of several national construction and surety industry-related organizations, including the ABA Forum on the Construction Industry, the ABA Tort Trial & Insurance Practice Section, and the Surety & Fidelity Claims Institute. He also serves as a pro bono attorney with Lawyers for Children America and is a board member with several nonprofit organizations.

  • Killer Construction Contract Clauses Redux: Bond Producers Beware!

    Contains 3 Component(s) Recorded On: 11/28/2018

    Join Marilyn Klinger, managing partner of the Los Angeles, CA office of the law firm SMTD Law LLP, as she examines a variety of onerous construction contract clauses, both in prime contracts and subcontracts. Klinger will explain why these clauses are problematic from a variety of perspectives and identify alternatives that can help solve the issues these clauses attempt to address. Attendees will have the opportunity to submit questions and have them answered during the Virtual Seminar. SMTD Law LLP is a boutique law firm concentrating in construction, surety and business litigation with offices in California and Arizona.

    Join Marilyn Klinger, managing partner of the Los Angeles, CA office of the law firm SMTD Law LLP, as she examines a variety of onerous construction contract clauses, both in prime contracts and subcontracts. Klinger will explain why these clauses are problematic from a variety of perspectives and identify alternatives that can help solve the issues these clauses attempt to address. Attendees will have the opportunity to submit questions and have them answered during the Virtual Seminar. SMTD Law LLP is a boutique law firm concentrating in construction, surety and business litigation with offices in California and Arizona.

    This critical topic presents an exciting opportunity for you to host this NASBP Virtual Seminar for your construction clients or to share the information on how they too can register to participate in this live or recorded Virtual Seminar.

    Marilyn Klinger

    Managing Partner, SMTD Law LLP

    Ms. Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She is involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties. Ms. Klinger’s practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). In addition, she has extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation.

  • Growing A Credible, Powerful Personal Brand Online

    Contains 3 Component(s) Recorded On: 11/14/2018

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgments about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgements about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    In this session, we’ll cover:

    Why your online personal brand is important

    3 Key steps to defining your personal brand

    Auditing your person brand

    Using Facebook for professional personal branding

    Harnessing LinkedIn to establish and grow your presence

    Best practices for LinkedIn

    Developing your personal action plan to establish your credibility online

    Krista Neher

    CEO, Boot Camp Digital

    Krista Neher is a leading authority, trainer, educator, author and international speaker on Internet marketing and social media, and is currently the CEO of Boot Camp Digital, a leading provider of social media marketing training and consulting solutions. Krista is a social media pioneer; creating one of the first successful corporate Twitter strategies and corporate blogs – long before “social media” was even a recognized term. Krista is also the author of “Social Media Field Guide: Discover the Strategies, Tactics and Tools for Successful Social Media Marketing” and is currently working on the first textbook on social media marketing. In addition, Krista is currently the managing director of the Institute for Social Media at Cincinnati State and has trained thousands of people in social media marketing.

    Krista has deep roots in marketing, having worked at Procter and Gamble for almost six years in a career spanning sales, finance and marketing. During her career at P&G, Krista worked on the biggest brands (Tide, Folgers) and on some of the most successful launches in the history of the company. She was consistently rated as a top performer. Krista then went on to become vice president of marketing for the Internet startup Photrade.com. While at Photrade, Krista became deeply immersed in social media marketing and technologies. She was one of the first marketers to incorporate these emerging platforms into successful marketing strategies.

    Upon leaving Photrade, Krista founded Boot Camp Digital, a company that provides training and strategic consulting solutions to companies of all sizes – from Fortune 500 companies to small businesses.  Through Boot Camp Digital, Krista worked with Procter & Gamble on its first social media marketing effort and helped build a model now replicated throughout the entire organization. Krista has also created training programs for a number of companies including a year-long digital marketing training program for Euro RSCG, the world’s largest advertising agency. Boot Camp Digital also provides social media solutions for small businesses, startups and provided social media support to ad:tech – the country’s largest digital marketing conference.

    Krista is a sought-after public speaker for her engaging and entertaining keynotes and seminars. Krista is a regular speaker at a variety of industry conferences and presented at prestigious events including: Search Engine Strategies, The American Marketing Association, The Ad Club, Connected Marketing Week, Blog Her, Mobile X Conference, Social Media Club, The Northern Kentucky Chamber of Commerce, Blog Indiana, Association Trade Shows, College Career Days, Women Entrepreneurs Inspire at Oklahoma State, and many more. In addition to speaking around the world, Krista is an avid blogger both at the Boot Camp Digital Blog and The Marketess. She has contributed articles to Adrants and Mobile Marketer. Krista is also an advisor to a number of companies including Girlfriendology.com and Phd-Connect.

  • Growing A Credible, Powerful Personal Brand Online

    Contains 3 Component(s) Recorded On: 11/14/2018

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgements about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgments about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    In this session, we’ll cover:

    Why your online personal brand is important
    3 Key steps to defining your personal brand
    Auditing your person brand
    Using Facebook for professional personal branding
    Harnessing LinkedIn to establish and grow your presence
    Best practices for LinkedIn
    Developing your personal action plan to establish your credibility online


    Krista Neher

    CEO, Boot Camp Digital

    Krista Neher is a leading authority, trainer, educator, author and international speaker on Internet marketing and social media, and is currently the CEO of Boot Camp Digital, a leading provider of social media marketing training and consulting solutions. Krista is a social media pioneer; creating one of the first successful corporate Twitter strategies and corporate blogs – long before “social media” was even a recognized term. Krista is also the author of “Social Media Field Guide: Discover the Strategies, Tactics and Tools for Successful Social Media Marketing” and is currently working on the first textbook on social media marketing. In addition, Krista is currently the managing director of the Institute for Social Media at Cincinnati State and has trained thousands of people in social media marketing.