Current Issues in D&O Liability & Insurance 2016

 Wednesday, May 11, 2016| 9:00 am – 1:00 pm

• Description
• Faculty
• Agenda
• CLE Credit
• Products
• Sponsors

• Directors and officers of corporations face constantly increasing and evolving liability.  Those exposures are not limited to public companies, as directors and officers of private companies and non-profit enterprises also face potential liability.  Directors and officers of all organizations have exposures at common law for breach of fiduciary duty in the context of mismanagement claims, while D&Os of public companies may also face liablity for violations of the federal securities laws.  Increased mergers and acquisitions activity, including cross-border transactions as part of corporate tax savings strategies, have further complicated the subject of directors and officers liability.  And several years into the economic recovery from the “Great Recession”, the financial wherewithal of corporations, and their directors, officers, employees, investors and creditors continue to be at risk.  But corporations and D&Os are not alone in all this. Directors and officers liability, and corporate liability, insurance products address these exposures and are a key component of any corporation’s risk management plan.  Our panel of professionals, including insurers’ representatives and insureds’ advocates, will provide a balanced perspective on present and future exposures facing directors and officers, the D&O insurance marketplace, recent legal developments and the impact of coverage defenses on claim resolution.  Allocation between covered and non-covered claims and parties, and the interplay between D&O insurance and other kinds of insurance, will also be addressed.  Panel discussions include:

  • Primer on D&O Liability Exposures and Coverages
  • Update on U.S. Securities Litigation, Resolutions and Case Law
  • Special Claims/Coverage Considerations of Insureds and Insurers
  • The Dynamics of D&O “Towers” including Side “A” Coverage

  
  Live Program/Webcast/DVDs & CDs: $229 Member | $329 Nonmember
  In-House Counsel:  $149 Member | $249 Non-Member
  On-Demand: $189 Member| $289 Nonmember
  Materials Only (No CLE Credit): $99 Member| $129 Nonmember 

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• Steve Barge-Siever
  Senior Vice President
  Krauter & Company
  
  Richard J. Bortnick
  Senior Counsel
  Traub Lieberman Straus & Shrewsberry LLP

  R. Damian Brew
  Marsh USA

  John C. Cleary
  Vedder Price PC

  Steven R. DeLott
  Simpson Thacher & Bartlett LLP

  John A. Freedman
  Arnold & Porter LLP
  

  Salvatore Graziano
  Bernstein Litowitz Berger & Grossmann LLP

  Andre E. Harlfinger
  One Beacon Insurance Group

  Jeffrey R. Lattmann
  Executive Managing Director
  National Executive Liability Practice
  Beecher & Carlson

  Jill M. Levy
  Coughlin Duffy  LLP

  Jed D. Melnick
  JAMS
  Weinstein Melnick LLC

  John McNichols
  Williams & Connolly LLP

  Roger M. Moak
  Arbitrator-Umpire-Mediator

  Harold Neher
  Vice President, Claims
  Axis Insurance – Professional Lines

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• 9:00 am – 9:10 am	Welcome and Introduction Jill M. Levy and Roger M. Moak
  9:10 am – 10:20 am	D&O Liability and Insurance Re: Securities Class Actions and Derivative Actions “A&B”, “ABC”, and Side “A” Insurance Policy Provisions and Triggers Violation of Federal Securities Laws, and Breach of Fiduciary Duties Securities Class Action & Derivative Action Trends, Statistics and Settlements Impact of Recent U.S. Supreme Court Decisions Incl. Halliburton & Omnicare Moderator: Scott R. Schaffer Panelists: Harold Neher, Salvatore Graziano, Jeffrey R. Lattmann and John McNichols
  10:20 am – 10:30 am	Break
  10:30 am – 11:40 am	Special Considerations of D&O Claims Handling   Differing Perspectives of Insurers, Policyholders, Brokers, Defense Counsel and Mediators Allocation Between Covered and Non-Covered Claims, Defendants and Losses Interplay Between D&O insurance and Other Insurance Products Impact of Heightened DOJ and SEC Investigations and Prosecutions of Corporate Insureds Moderator: Stephen Weisbrod  Panelists: Steven R. DeLott, John A. Freedman, and Jed D. Melnick
  11:40 am – 11:50 am	Break
  11:50 am – 1:00 pm	The “Y2K” That Really Happened (Impact of Cyber Liability upon D&O Liability) Anatomy of a Cyber Data Breach Incident D&O Exposures Resulting From Cyber Breach Incident Review Notable Cyber-Related Securities Class Actions & Derivative Actions Policies Which May Respond to Cyber Data Breach Claims Moderator: Andre E. Harlfinger   Panelists: R. Damian Brew, John C. Cleary, Richard J. Bortnick, and Steve Barge-Siever

   

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• NY: 4.0 professional practice
  NJ: 4.4 general
  CA: 4.0 general
  PA: 3.5 general

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• Click Here to View our Catalog for On-Demand Programs

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  * New York residents will be charged the New York sales tax for all audio visual purchases.

• The Insurance Federation of New York, Inc. (IFNY)

  Sponsoring Association Committee:
  Insurance Law | Jill M. Levy, Chair

  Sponsorship Opportunities are Available! Please Contact:
  Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org
  ____________________________________________________________________________________________
  

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