Insurers’ and Insureds’ Perspective on Current Issues in D&O Liability & Insurance 2017

Thursday, June 15, 2017 | 9 am – 1 pm

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Program Chair
Scott R. Schaffer
Wilson Elser Moskowitz Edelman & Dicker LLP

 

 

 

 

 

 

 

  • Directors and officers of corporations face constantly increasing and evolving liability.  Directors and officers 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.  Several years into the economic recovery from the “Great Recession”, and particularly the sub-prime mortgage crisis, the ultimate liability of corporations, particularly financial institutions, and their directors, officers, employees, investors and creditors, continue to be determined.  And with the legislative, regulatory and judicial changes promised by the new Presidential administration for the first 100 days, there is a climate of uncertainty that will affect the financial markets and, therefore, corporations and their D&Os. Directors and officers liability, and corporate liability, insurance products will continue to address these exposures.  Our panel of professionals, including insurers’ representatives and insureds’ advocates, and plaintiffs and defense counsel in these matters, will provide a balanced perspective on present and future exposures facing corporations and their D&Os, the D&O insurance marketplace, and the coverage afforded for these types of claims.  Panel discussions include:

    • Primer on D&O Liability Exposures and Insurance Coverages
    • Update on U.S. Securities Litigation and Coverage Considerations
    • First 100 Days Impact Upon Corporations, D&Os and Coverage Considerations
    • SEC & DOJ and Interplay with Civil Actions, and Coverage Considerations

     

    Live Program: $229 Member | $329 Nonmember
    In-House Counsel: $149 Member | $249 Nonmember

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  • Neil S. Binder
    Binder & Schwartz LLP

    Michael G. Bongiorno
    WilmerHale

    Jeffrey B. Clancy
    Willkie Farr & Gallagher LLP

    Michael S. Flynn
    Davis Polk & Wardwell LLP

    Perry S. Granof
    Managing Director
    Granof International Group LLC

    Sandra M. Hanna
    Bruch Hanna LLP

    Andre E. Harlfinger
    Attorney
    One Beacon Insurance Group

    Kieran Hughes
    Vice President, Financial Lines Claims
    American International Group

    Christopher J. Keller
    Labaton Sucharow LLP

    James C. Knox
    Senior Vice President
    Aon Risk Services Northeast, Inc.

    Jill M. Levy
    Mound Cotton Wollan & Greengrass LLP

    Tandis Hassid Nili
    Director of Small & Medium Enterprises
    Aon Risk Services Northeast, Inc.

    Roger M. Moak
    Certified Arbitrator, Umpire & Mediator

    Carrie O’Neil
    SVP, Legal and Claims Group
    JLT Specialty USA

    Sanford Victor
    Senior Vice President
    Marsh USA

    Fred Zauderer
    Senior Vice President
    Axis Insurance Co.

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  • 9:00 am – 9:10 am Welcome and Introductions
    Jill M. Levy, Roger M. Moak
    9:10 am – 10:05 am Primer on D&O Liability and Exposures and Insurance Coverages

    • D&O’s Fidiciary Duties and the Business Judgment Rule
    • Statutory Obligations including Federal Securities Laws
    • Risk Management, Corporate Indemnification and D&O Insurance
    • Special Considerations of D&O Claims Handling

    Moderator: Scott R. Schaffer
    10:05 am – 11:00 am Update on U.S. Securities Litigation and Coverage Considerations

    • Securities Act of 1933 and Securities Exchange Act of 1934
    • Evolving Case Law Affecting Conduct of Securities Litigation
    • Securities Class Action & Derivative Action Treds, Statistics and Settlements
    • D&O Insurance Including "Entity Coverage" and "Side A" Products

    Moderator: Tandis Hassid Nili
    11:00 am – 11:10 am Break
    11:10 am – 12:05 pm SEC & DOJ and Interplay with Civil Actions, and Coverage Considerations

    • Investigation Treds: Yates Memo, Whistleblowers and Other Developments
    • Investigations: What’s Covered v. What’s Uncovered
    • "Cost-Of-Doing-Business"
    • Civil Actions and Parallel Investigations – Overlapping Risks and Costs
    • Worst-Case Scenarios; Bankruptcy, SEC/DOJ Investigation and Civil Actions

    Moderator: Jeffrey Clancy
    12:05 pm – 1:00 pm First 100 Days (and Beyond) Impact Upon Corporations, D&Os and Coverage

    • Regulatory Reform – Repeal, Rollback and/or Limited Enforcement
    • Evolving Judiciary and DOJ – Impact upon Corporate America
    • Impact of Legislation on D&O Litigation
    • Impact of Legislation on D&O Insurance Marketplace

    Moderator: Andre E. Harlfinger

     

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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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  • Co-Sponsored with 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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