Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability 2022 (OnDemand)

Originally held on Friday, June 17, 2022 | 9:00 am – 1:00 pm

Register for the OnDemand

Program Chair:
Jonathan Meer
Wilson Elser Moskowitz Edelman & Dicker LLP

  • Directors and officers (“D&Os”) of corporations face constantly increasing and evolving liability.  D&Os have exposures under state 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.

    The risks for directors and officers are ever increasing in the changing landscape for both the for-profit and not-for-profit sectors.  The Environmental, Social, and Governance (“ESG”) Movement have led to a number of litigations, including actions involving climate change, Covid-19 issues, sexual harassment claims, diversity claims, and cyber liability, which have presented new exposures for the corporation and its directors and officers, but have also led to important changes in the corporate boardroom.  There has also been an upswing in securities class actions and derivative actions addressing mergers and acquisitions activity, including allegations of D&O impropriety.  In response, D&O and corporate liability insurance products continue to evolve to address these new and renewed exposures.  In addition, new guidance is needed for the D&Os in handling the evolution of claims.

    Join our panel of professionals, including insurers’ representatives and insured’s’ advocates, and plaintiff and defense counsel, 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.  In addition, the panels will provide up to date commentary on best practices.

    Panel discussions expected to include:

    • Primer on D&O Liability Exposures and Insurance Coverages
    • Update on U.S. Securities Litigation and Coverage Considerations
    • D&O Liability for ESG Litigation (Environmental, #MeToo, Diversity, Covid, Cyber)
    • Best Practices for Avoiding and Managing D&O Risks


    Program Fee:
    $299 for NYC Bar & IFNY Members | $399 for Nonmembers
    Members who are Recent Law Graduates, or Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), attend this program for free.

  • Panel Moderators:

    Jonathan E. Meer
    WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP

    Jeffrey B. Clancy
    Partner, WILLKIE FARR & GALLAGHER LLP

    Lorraine D. Mandel
    Mediator & Arbitrator, MANDEL ARBITRATION AND
    MEDIATION, LLC

    Andrew S. Nadolna
    Mediator & Arbitrator, JAMS

     

    Faculty:

    Mary Jo Barry
    Partner, KAUFMAN DOLOWICH 


    Alan Borst Jr.
    Arbitrator, ARIAS-US


    Marisa DeMartini
    AVP, Financial Lines Claims, ASCOT GROUP


    Larry Fine
    Management Liability Coverage Leader, WILLIS TOWERS WATSON


    Jason Halper
    Partner, CADWALADER


    Andre Harlfinger
    Senior Claims Specialist, EVEREST INSURANCE


    Mark Lebovitch
    Partner, BERSTEIN LITOWITZ


    Clea P.M. Liquard
    Partner, COVINGTON


    Raymond A Mascia, Jr.
    Partner, ANDERSON KILL


    Greg Markel
    Partner, SEYFARTH


    John Minett
    Technical Director and Counsel, TRAVELERS


    Jennifer Odrobina
    Vice-President, SOMPO INTERNATIONAL


    Audra Soloway
    Partner, PAUL WEISS

  • 9:00 am – 9:05 am
    Welcome and Introduction

    Frederic M. Garsson, Roger M. Moak, Jonathan E. Meer

    9:05 am – 9:55 am
    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

    Panel Leader: Jeffrey B. Clancy
    Speakers: Marisa DeMartini, Alan Borst, Clea P.M. Liquard

    10:00 am – 10:50 am
    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
    • SEC and DOJ Investigations & Corporate Governance related to Covid-19
    • Recent D&O and Related Insurance Coverage Issues

    Panel Leader: Andrew S. Nadolna
    Speakers: Audra Solloway, Mary Jo Barry, Jennifer Odrobina, Ray Mascia

    10:50 am – 11:10 am
    Break

    11:10 am – 12:00 pm
    D&O Liability for ESG Litigations

    • Environmental Policy Leading to D&O Exposure
    • How the “Me Too” and Black Lives Matter Movements are Translating into Corporate and D&O Liabilities
    • Recent ESG-related Delaware Case Law
    • Where Cyber Claims against D&Os are going

    Panel Leader: Lorraine Mandel
    Speakers: John Minett, Jason Halper, Mark Lebovitch

    12:05 pm – 1:00 pm
    Good Advise for D&Os to Consider

    • What advice is important to follow when addressing a Corporate Books and Records Request
    • Key points for D&Os to Consider in Mergers to avoid Anti-Trust Claims
    • Addressing By-Laws and Forum Selection Clauses
    • What to Consider when Purchasing D&O Insurance

    Panel Leader: Jonathan Meer
    Speakers: Larry Fine , Greg Markel, Andre Halfinger,

  • New York: 4.0 Professional Practice
    New Jersey: 4.0 General
    California: 3.0 General
    Pennsylvania: 3.0 General
    Connecticut: Available to Licensed Attorneys

  • Co-Sponsoring Organization:
    Insurance Federation of New York, Inc.

    Sponsoring Association Committee:
    Insurance Law, Frederic M. Garsson, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org

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