Insurers' and Insureds' Perspectives on Current Issues in D&O Liability and Insurance 2019

Tuesday, May 7, 2019 | 9:00 a.m. – 1:00 p.m.

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

Description
Faculty
Agenda
CLE Credit
Sponsors

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 liability 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.

Join our panel of professionals, including insurers’ representatives and insured’s’ advocates, and plaintiffs and defense counsel in these matters, as they 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
Live Program & Webcast: $229 for Members | $329 for Nonmembers
In-House Counsel: Free for Members | $249 for Nonmembers

Members who are Recent Law Graduates, Newly Admitted Lawyers (earliest admission 2017-2019 in any state or country), Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

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Arthur H. Aufses III Kramer Levin Naftalis & Frankel LLP	Frances K. Browne Brody & Browne	Vincent G. Caracciolo EPIC Insurance Brokers
Roger A. Cooper Cleary Gottlieb Steen & Hamilton LLP	Drexel B. Harris, Jr. Reliance Insurance Co. (In Liquidation)	Kieran Hughes American International Group
Christopher J. Keller Labaton Sucharow LLP	Mark Lebovitch Bernstein Litowitz Berger & Grossmann LLP	Lorraine D. Mandel Attorney-at-Law Former General Counsel, XL GROUP
Gregory A. Markel Seyfarth Shaw LLP	Raymond A. Mascia Anderson Kill	Jonathan E. Meer Wilson Elser Moskowitz Edelman & Dicker LLP
John Minett Technical Director and Counsel Travelers Insurance	Roger M. Moak Certified Arbitrator, Umpire & Mediator	S. Emy Poulad Reliance Insurance (In Liquidation)
Lyle Roberts Shearman & Sterling	Scott R. Schaffer Wilson Elser Moskowitz Edelman & Dicker LLP	Robert Van Kirk Williams & Connolly LLP
Stephen A. Weisbrod Weisbrod Matteis & Copley PLLC	Meredith Werner Clyde & Co.	Frederick Zauderer Axis Insurance Co.

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9:00 a.m. – 9:05 a.m.	Welcome and Introduction Drexel B. Harris Roger M. Moak
9:05 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
10:05 a.m. – 11:00 a.m.	Update on U.S. Securities Litigation and Coverage Considerations Securities Act of 1933 & Securities Exchange Act of 1934: Evolving Case Law Recent Class Action & SEC Enforcement Developments How “Me Too” Movement is Translating into Corporate and D&O Liabilities Recent D&O and Related Insurance Coverage Issues Stephen A. Weisbrod, Moderator
11:05 a.m. – 12:00 p.m.	D&O Exposures Arising From Mergers & Acquisitions Activity Current Status of Merger-Related Litigation SCOTUS Review of Claims under Securities Exchange Act §14(e) Coverage Issues Re: Post-Closing Actions in the Delaware Chancery Court Coverage Issues for Insureds Acting in Multiple Capacities Lorraine D. Mandel, Moderator
12:05 p.m. – 1:00 p.m.	Management Liability & Regulatory Scrutiny of Going Private, IPOs and ICOs Issues Impacting D&Os When Taking a Company Private Current Review of D&O Activity Regarding IPOs Regulatory Compliance with Data Maintenance and Breaches Unique Issues Presented by Initial Coin Offerings Jonathan E. Meer, Moderator

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CLE Credit
New York: 4.0 Professional Practice
New Jersey: TBD
California: TBD
Pennsylvania: TBD

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Sponsoring Association Committees:
Insurance Law | Drexel B. Harris, Jr., Chair

Sponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability and Insurance 2019

Tuesday, May 7, 2019 | 9:00 a.m. – 1:00 p.m.