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Courses/Litigation, Trial & Dispute Resolution/Alternative Dispute Resolution

240 Ways to Fall, One Way to Settle: NY Labor Law Mediations & Conferences

Master tactical negotiation strategies to navigate Section 240 claims, outmaneuver opposing counsel, and secure decisive settlements in mediation.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Oct 1, 2026
240 Ways to Fall, One Way to Settle: NY Labor Law Mediations & Conferences

What You'll Learn

check_circleAnalyze the applicability of Labor Law Sections 200, 240, and 241(6) in construction accident cases.
check_circleEvaluate the impact of the AVOID Act on third-party impleader actions and procedural timelines.
check_circleAssess the role of primary and excess insurance coverage in settlement negotiations.
check_circleApply strategies for managing contractual indemnification and workers' compensation liens during mediation.
check_circleDevelop effective pre-mediation preparation techniques to improve settlement outcomes.

About This Course

This practical program brings together experienced mediators and judges to break down what actually drives resolution in New York Labor Law cases. From §240, §241(6), and §200 claims to liens, insurance layers, valuation, and conference strategy, the panel will highlight the common roadblocks that derail settlements—and what attorneys can do to move cases toward resolution.

Topics Covered:

  • Labor Law Section 240 strict liability
  • Section 241(6) industrial code violations
  • Common law negligence and Section 200
  • Insurance coverage priority and exhaustion
  • Contractual indemnification and risk transfer
  • Impact of the AVOID Act on impleader
  • Management of workers' compensation liens
  • Settlement negotiation and mediation strategy

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Hon. Devin  Cohen
Hon. Devin Cohen

Justice at New York Supreme Court, Kings County, Civil Term

Justice Devin Cohen currently serves as a justice on the Kings County Supreme Court, having been elected in 2018. He has held assignment in the Civil Term, including the Labor Law and Labor Law Mediation Settlement Parts. Prior to his election, Justice Cohen presided as a judge on the Civil Court of the City of NY in Kings County. After graduating from Brooklyn Law School, he began his legal career at Fuchsberg & Fuchsberg, eventually establishing his own solo practice while maintaining his practice at Fuchsberg. In addition to his legal career, Justice Cohen is a certified USA Judo coach and International IJF-A Judo Referee. He was also a certified EMT and EMT instructor and coordinator for the NYS Department of Health.

Hon. Judith  N. McMahon
Hon. Judith N. McMahon

Judge of the New York Supreme Court, 13th Judicial District

Judith McMahon is a judge of the New York Supreme Court, 13th Judicial District. McMahon served as the administrative judge of the court from 2012 until her resignation in September 2017. McMahon attended Rutgers College of Pharmacy in 1977 for her Bachelor of Science and received her J.D. from New York Law School in 1985. McMahon began her career in 1985 as a trial lawyer with the firm of Julien and Schlesinger, PC. From 1990 to 2001, she served as principal law clerk to Justice John Leone. She then worked as a court attorney for Judge Eric Vitaliano until 2002. McMahon's judicial career began in 2003 when she was elected to the New York City Civil Court in Richmond County. She was appointed as an acting justice of the Supreme Court in 2006 and was then elected to the Supreme Court in 2009.

James  W. Borkowski, Esq.
James W. Borkowski, Esq.

Mediator/Arbitrator at NAM (National Arbitration and Mediation)

A trial attorney for over 35 years, Mr. Borkowski is known as a personable straight shooter with a high success rate resolving construction accident cases, premises liability cases, general liability, and automobile claims. Mr. Borkowski's distinguished background gives him a significant understanding of legal complexities, making him a respected and sought-after neutral at NAM. In 2024, for the fifth year in a row, Mr. Borkowski was named a Top Ten Neutral by the New York Law Journal "Best Of" survey. He earned an "AV Distinguished" rating from Martindale-Hubbell, a distinction given only to those who possess the "highest level of professional excellence in legal ability and legal ethics."

Michael B. Titowsky, Esq.
Michael B. Titowsky, Esq.

Mediator at NAM (National Arbitration and Mediation)

Michael is a highly experienced attorney who has represented thousands of clients in litigation and private mediation throughout the New York metropolitan area for more than 40 years. As both an attorney in private practice and as a Hearing Officer for NAM, Michael has successfully resolved personal injury cases, some of which resulted in catastrophic injury, including labor law, slip and fall, premises liability, and automobile accidents. Prior to joining NAM, Michael was a partner in a prominent New York law firm. During his 29-year tenure with the firm, he litigated a variety of personal injury-related matters, such as high-exposure New York Labor Law, premises liability, motor vehicle, general liability, insurance coverage and indemnity, and medical malpractice cases from inception to trial and appeals

ANGELICQUE  MORENO
ANGELICQUE MORENO

AVANZINO & MORENO

Angélicque Moreno has been principal and partner at Avanzino & Moreno since 2008 in Brooklyn, NY. She focuses her practice on labor law and construction accidents, product liability, premises liability, negligent security, civil rights violation and automotive cases. She has honed her trial skills at several firms throughout New York and has successfully overseen hundreds of cases from their inception up to and including trial throughout her career. Her understanding of the profound impact that accidents have upon individuals and their families, and her ability to translate legal concepts of fault and damages to a jury in “everyday” terms have allowed her to achieve substantial results for victims suffering from life altering injuries. To her credit, she has numerous multi-million dollar verdicts and settlements. Ms. Moreno received a B.A. from Binghamton University in 1990 and a J.D. and from Northeastern University School of Law in 1993. She is very active in the legal community, most recently as President of the New York State Academy of Trial Lawyers (2019-2020) and sits on the Academy’s Judicial Screening Committee since 2014. She is also active in the leadership of the New York State Bar Association, the Brooklyn Bar Association, the Brooklyn Women’s Bar Association, and the New York City Trial Lawyers’ Alliance. She has lectured frequently on a variety of topics for the NYS Academy of Trial Lawyers, and has contributed to the Annual Update series for over ten years as a presenter and in recent years as co-author of the Labor Law section.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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