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

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

 

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 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.

     

  • Leslie S. Ahari, Esq.
    CLYDE & CO,

    Arthur H. Aufses III, Esq.
    KRAMER LEVIN NAFTALIS & FRANKEL LLP

    Frances K. Browne, Esq.
    BRODY & BROWNE

    Vincent Caracciolo, Esq.
    EPIC BROKERS

    Roger A. Cooper, Esq.
    CLEARY GOTTLIEB STEEN & HAMILTON LLP

    Drexel B. Harris, Esq.
    RELIANCE INSURANCE CO. (IN LIQUIDATION)

    Kieran Hughes, Esq.
    AMERICAN INTERNATIONAL GROUP

    Christopher J. Keller, Esq.
    LABATON SUCHAROW

    Mark Lebovitch, Esq.
    BERNSTEIN LITOWITZ BERGER & GROSSMAN

    Lorraine D. Mandel, Esq.
    Former General Counsel, XL GROUP

    Gregory A. Markel, Esq.
    SEYFARTH SHAW

    Raymond A. Mascia, Jr. Esq.
    ANDERSON KILL

    Jonathan E. Meer, Esq.
    WILSON ELSER LLP

    John Minett, Esq.
    TRAVELERS INSURANCE

    Roger M. Moak, Esq.
    Certified Arbitrator, Umpire & Mediator

    S. Emy Poulad, Esq.
    RELIANCE INSURANCE (IN LIQUIDATION)

    Lyle Roberts, Esq.
    SHEARMAN & STERLING

    Scott R. Schaffer, Esq.
    WILSON ELSER LLP

    Robert Van Kirk, Esq.
    WILLIAMS & CONNOLLY

    Stephen A. Weisbrod, Esq.
    WEISBROD MATTEIS & COPLEY PLLC

    Frederick Zauderer, Esq.
    AXIS INSURANCE COMPANY

     

  • 9:00 – 9:05 Welcome and Introduction
    Drexel B. Harris, Esq.
    Roger M. Moak, Esq.

    9:05 – 10:00 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, Esq., moderator

    10:05 – 11:00 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, Esq., moderator

    11:05 – 12:00 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, Esq., moderator

    12:05 – 1:00 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, Esq. moderator

     

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

     

  • IFNY

    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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