Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability 2023 (OnDemand)

Originally held on Friday, May 19, 2023 | 9:00 am – 12:00 pm

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• 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.  There have been significant changes in the number securities actions against D&Os in the past year, which has also impacted derivative actions, in particular those under Delaware corporate law.  The type of D&O litigations is evolving as well beyond those part of the Environmental, Social, and Governance (“ESG”) Movement, but also with cyber liability, cannabis, and crypto currency, which have presented new exposures for the corporation and its directors and officers, but have also led to important changes in the corporate boardroom.  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:

  • Key Areas of D&O Liability Exposure, Insurance Coverage, and Big Developments from 2022 into 2023;
  • Update on US Securities Litigations and Developments on Corporate Law in Delaware;
  • Emerging Areas of D&O Risk related to Cyber, Crypto, and Cannabis (the Crazy Cs).

  Program Fee:
  $229 for NYC Bar Members | $329 for Nonmembers

• Sarah Abrams
  Head of Professional Liability Claims
  Bowhead Specialty Underwriters

  Alan W. Borst, Jr.
  Mediator and Arbitrator Willie Borst ADR
  

  Lisa Campisi
  Partner
  Blank Rome

  Roger A. Cooper
  Cleary Gottleib

  Marisa DeMartini
  AVP, Financial Lines Claims
  Ascot Group

  Emma Gilmore
  Pomerantz LLP

  Rachel Gold
  Senior Vice President
  Marsh | FINPRO NY

  Frank Garrson
  Saul Ewing

  Andre Harlfinger
  Claims Attorney
  Everest Insurance

  Danielle Hernandez
  Agency Manager / Cannabis Practice Leader
  Gilbert Insurance Group

  Clea P.M. Liquard
  Covington

  Lorraine D. Mandel
  General Counsel, XL Group PLC (retired)
  Mandel Arbitration and Mediation, LLC

• 9:00 am – 9:05 am       Welcome and Introduction
  Frederic M. Garsson

  9:05 am – 10:00 am    Key Areas of D&O Liability Exposure, Insurance Coverage, and Big Developments from 2022 into 2023

  • D&Os’ Fiduciary Duties and the Business Judgment Rule
  • Statutory Obligations including Federal Securities Laws
  • Risk Management, Corporate Indemnification and D&O Insurance
  • Significant 2022 and 2023 Cases Involving D&O Liability

  Panel Leader: Clea Liquard
  Speakers: Lisa Campisi, Marisa DeMartini, and Rachel Gold

  10:00 am – 10:05 am  Short Break

  10:05 am – 11:00 am  Update on US Securities Litigations and Developments on Corporate Law in Delaware

  • Securities Act of 1933 & Securities Exchange Act of 1934: Evolving Case Law
  • Latest on Corporate Action in Delaware State court
  • Recent Class Action & SEC Enforcement Developments
  • Recent D&O and Related Insurance Coverage Issues

  Panel Leader: Lorraine D. Mandel
  Speakers: Emma Gilmore, Roger Cooper, and Sarah Abrams

  11:00 am – 11:05 am  Short Break

  11:05 am – 12:00 pm  Emerging Areas of D&O Risk Related to Cyber, Crypto, and Cannabis (the Crazy Cs)

  • Class Action and Regulatory Claims related to Data Breaches
  • Crypto Currency and Crypto Exchange litigations.
  • Regulatory and Contract Claims Involving D&Os of Cannabis Companies
  • Other Evolving Areas of D&O Litigation

  Panel Leader: Jonathan E. Meer
  Speakers: Alan Borst, Andy Harlfinger, and Danielle Hernandez

• New York: 3.0 Professional Practice
  New Jersey: 3.0 General
  California: 2.0 General
  Pennsylvania: 2.0 General
  Connecticut: Available to Licensed Attorneys

• 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