I must admit, I've read some of his articles over the years and found them an interesting mix of information, paranoid, conspiracy and legal analysis. I noticed his website has been stale for some time, I haven't seen his newsletters, and while a bit nutty, he sure was well informed about our industry. The last thing I've seen him on was a case against Liberty (Liberty v. Barnett WL 1662257) last July. Started as a fight between Liberty and Wentworth over beneficiaries, and Risk shows up representing one of the heirs claiming Liberty screwed them over, ala Macomber. Judge tossed it out as "unconvincing". Sort of a judicial version of being taken to the woodshed (showing my age now). I see he's involved in the recent Hartford class action, but not sure how.

Where in the world is Mr. Risk?

Jack

I hear from Dick on a semi-regular basis, and what I would say is that his passing the bar and commencing his law practice has kept him pretty busy. I know he will be at the SSP annual in Washington DC next month, so i'm sure I'll be able to check in and see what he's working on and what he's up too. Your correct that Dick is involved in the Hartford litigation but to what extent you'd have to ask him. Maybe i'll send him a note and have him join the discussion here.

Dick runs an active law practice and is co-counsel on the Hartford RICO action. You can find information about him at www.risklawfirm.com He is also Chairman of Public Relations for The Society of Settlement Planners

I'm flattered to learn in an email from Mark Wahlstrom that I am a topic of discussion on his blog.

"Jack's" account of Macomber is inaccurate. The fraud claim was dismissed on a statute of limitations defense. There was no adverse ruling on the counterclaims. A motion to reconsider on a choice of laws issue was pending when the estate, daughter and ex-wife (my client, Ms. Ganaway) entered into a confidential settlement with the Liberty parties on the counterclaims. J.G. Wentworth is still seeking to recover what it paid to Mr. Barnett in a factoring transaction. Rather than rely on the grapevine, I urge anyone interested in the outcome of this case to download the filed documents through the PACER system. Case No. 1:04CV00001 TCM, U.S. District Court, Eastern District of Missouri, Southeastern Division. There is a nominal cost.

I am admitted pro hac vice on behalf of all plaintiffs in Oshonya Spencer, et al v. Hartford Financial Services, Inc., U.S. District Court, District of Connecticut, Case No. 3:05-DV-01681 JCH. The defendant filed a Motion to Dismiss on February 1, 2006. Pleadings for this case are available also on PACER.

My website is still under construction, and I am at the mercy of the developer. Until we get the latest newsletter posted, which is the 2006 Definitive Guide to Structured Settlements, I offer to respond to email requests for a PDF version.

I am on the program in a couple spots for the March 9-10 seminar sponsored by the Society of Settlement Planners, for which I now serve as chairman of the Legal Committee. I will also be assisting in the SSP booth at the ATLA meeting in Honolulu, Feb. 18-21.

Thank you for asking.

Dick Risk

Dick,

Thanks for dropping in and bringing everyone up to speed. Hope you will be a continuing visitor and contributor.

Dick,

Thanks for clearing up the Liberty case, though I don't read it the same way you did. Look forward to hearing more of your ongoing analysis of our industry.

Since you're going to ATLA, care to comment on their affinity program? You've been outspoken on anti-rebating on the defense side. What do you think about the trial lawyers "pay to play" deal for the brokers?

On the affinity issue, does anyone have a copy of the proposal in pdf form, or should I try to get one to post here?

I have completely rebuilt my website. Did it myself so that I can keep it current and respond quickly when it needs updating. You will find that it is very content-rich, with articles on many aspects of settlement planning, arranged alphabetically by title on one menu and according to topic on another. A companion menu lists key documents by topic that can be accessed from this website. The URL is:

www.risklawfirm.com

I urge any and all of you to take advantage of the material by pointing your clients to specific printer-friendly pages in the website. For example, if the defendant or its insurer insists on the inclusion of a confidentiality covenant in a settlement agreement, point the attorneys on both sides to the following article:

http://www.risklawfirm.com/files/Formatted_Articles/ConfidentialityClauseCanBeCostlyInPhysicalInjury.pdf

This not only explains why a confidentiality clause merits special attention because it imposes a risk of losing tax benefits, the article also suggests a way both sides may deal with the issue.

If the claimant's attorney is considering a structure, but wants to be comfortable, point the attorney to:

http://www.risklawfirm.com/files/Formatted_Articles/AreYouIncomeTaxDeferringYourFee.pdf

And, give the attorney the Childs v. Commissioner case to read:

http://www.risklawfirm.com/files/ChildsvCommissioner103TC634.pdf

Finally, if you want to look up a private ruling or advice memorandum from the IRS, go to my website's Home Page, www.risklawfirm.com, and click on the Articles & Resources tab,then click on Useful Links, and next on IRS Written Determinations.Sort by UIL Codes and use the Internal Revenue Code section. For example, written determinations from the IRS pertaining to Damages are found at UIL 104.03-00. If that is not exactly what you need, scroll up or down and read the UIL descriptions shown.

My articles are copyrighted, and I believe it is a violation of federal copyright law to copy an article to distribute. To protect my ownership of the material, I will pursue against copyright violations of my material, if known to me. However, it is not illegal to point someone through an email, for example, to a specific page in someone's website.

As many of you know, I have a nationwide law practice of helping injury victims through their attorneys. Working through plaintiffs' attorneys, I draft documents to establish a qualified settlement fund, guiding the plaintiffs' attorney through the entire process.I also serve as administrator of the QSF or the plaintiff's attorney can engage someone else. Details can be found on the website.

If you have comments about the website, suggestions for material to include on it, or to report that a certain page or file cannot be found, please respond to me directly:

dick@risklawfirm.com

Regards,
Dick Risk

Dick,

Thanks for taking the time to post and bring us all up todate. I am sure many don't realize you are now a full time practicing attorney and that your site does have a great deal of resources on a variety of topics of interest to trial lawyers and plaintiffs. Now we just need to get you blogging.

MW

Here's something to keep in mind when slinging accusations at insurance companies. There's a fine line between opinion and defamation.

http://www.insurancenewsnet.com/article.asp?a=top_news&neID=200608171180.3.129_59d7001264e24d9d

Jack,

Great contribution. I'd actually seen this site and was tipped off to it by a NWML agent I'm friends with. The article you linked was good and i'm hoping they do more reporting on it. This was the classic case of revenge, defamation, extortion, etc. Totally over the top but instructive none the less for anyone posting commentary on life markets, products, business practices. Bottom line is if you are going to make allegations and representations about a company or it's products you better be able to back them up.

This site kept going for 6+ years.PPSI would post pictures of agents with a statement implying some wrong doing by the agent and then simply developing story (i.e no evidence). Some of those developing stories never became stories even staying "developing" for years. Exposes of personal lives of agents and employees were other examples of poor taste.

Word from Siberia as that Dick is looking to rejoin the ranks of structured settlement brokers.

Dick Risk often reads the blogs so perhaps he can contribute again and bring us up to speed on this. I know he worked long and hard to get his law degree and pass the bar.