Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability & Insurance 2018

Thursday, May 24, 2018 | 9:00 am – 1:00 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.

    Nearly a decade removed from the “Great Recession”, and with the stock market having reached new heights in the first year of the Trump administration, public corporations, and their directors, officers, employees, investors and creditors, remain vulnerable as invariably the next “crisis” is right around the corner. Sexual harassment in the workplace at long last is not being tolerated by management but this yields growing pains along with changes in corporate culture which present liability for the entity and its directors and officers. Cyber liability is now also impacting the corporate boardroom including ever-evolving lawsuits brought by shareholders on both securities class action and derivative claim bases. Directors and officers liability, and corporate liability, insurance products continue to address these exposures.

    Kick off your Memorial Day weekend with our panel of professionals, including insurers’ representatives and insureds’ advocates, and plaintiffs and defense counsel in these matters, who 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
    • Corporate/D&O Liability and Sexual Harassment in the Workplace
    • Corporate and D&O Liability for Cyber Risks Including Data Breach
       

    NYC Bar, ABA-TIPS & IFNY Member: $229 | Nonmember: $329
    ABA-TIPS & IFNY Members Please Call 212-382-6663 to Register
    In-House Counsel: $149.00 Member | $249.00 Nonmember
    Small Law Firm Member: $119

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  • Peter J. Biging
    Goldberg Segalla LLP    		 Kate Golden
    Marsh LLC    		 Perry Granof
    Granof International Group LLC    		 Andre E. Harlfinger
    OneBeacon Insurance Group
    Drexel B. Harris
    Reliance Insurance Co. (In Liquidation)    		 Ari R. Magedoff  
    Axis Capital    		 Gregory A. Markel
    Seyfarth Shaw LLP    		 Aidan M. McCormack
    DLA Piper
    Jonathan E. Meer
    Wilson Elser Moskowitz Edelman & Dicker LLP    		 John Minett
    Travelers Insurance    		 Roger M. Moak
    Office of Roger M. Moak    		 Robbyn Reichman
    Aon Risk Solutions
    Richard Sheridan 
    Chief Claims Officer
    Berkley Cyber Risk Solutions    		 Dan Twersky
    Willis Towers Watson    		 Jeroen van Kwawegen
    Bernstein Litowitz Berger & Grossmann LLP    		 Stephen A. Weisbrod
    Weisbrod Matteis & Copley PLLC

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  • 9:00 a.m. – 9:10 a.m. Welcome and Introduction

    Drexel B. Harris, Roger M. Moak
    9:10 a.m. –  10:00 a.m. Primer on D&O Liability Exposures and Insurance Coverages

    • D&Os’ 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

    Scott R. Schaffer, Moderator
    10:00 a.m. – 10:50 a.m. Update on U.S. Securities Litigation and Coverage Considerations

    • Securities Act of 1933 & Securities Exchange Act of 1934:
      Evolving Case Law
    • Securities Class Action & Derivative Action Trends, Statistics and Settlements
    • SEC and DOJ Investigations & Corporate Governance
    • D&O Insurance Including “Entity Coverage” and “Side A” Products

    Stephen A. Weisbrod, Moderator
    10:50 a.m. – 11:10 a.m. Networking Break
    11:10 a.m. – 12:05 p.m. Corporate/D&O Liability and Sexual Harassment in the Workplace

    • The “Brand”, Corporate Culture and Board Responsibility
    • Obligations to Report Inappropriate Sexual Conduct
    • Sexual Misconduct in the Workplace and D&Os’ Exposures to Shareholders
    • Interplay between D&O & EPL Insurance in Sexual Harassment Matters

    Kate Golden, Moderator
    12:05 p.m. – 1:00 p.m. Corporate and D&O Liability for Cyber Risks Including Data Breach

    • Class Actions Against D&Os in Connection with Data Breaches
    • Regulatory Compliance with Data Maintenance and Breaches
    • Corporate Policies on Wearables
    • Crypto Currency and Board Exposure

    Jonathan E. Meer, Moderator

     

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  • CLE Credit
    NY: 4.0 professional practice
    NJ: 4.2 general MCLE
    CA: 4.0 general MCLE
    PA: 3.5 general MCLE

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  • Co-sponsored with:

     IFNY ABA TIPS

    Sponsoring Association Committee: Insurance Law | Drexel Harris, Chair

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

    ______________________________________________________________

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