Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability & Insurance 2024

Friday, May 10, 2024 | 9:00 am – 12:00 pm

Format: Webinar

Program Chair:

Jonathan E. Meer
Wilson Elser Moskowitz Edelman & Dicker

• 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. This involved changes with type of securities class actions filed against D&Os in the past year, but also the derivative actions, with more of them involving Delaware corporate law. There continues to be emerging trends impacting corporate decision making, none more potentially game changing than the increased implementation of artificial intelligence into the work environment. 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 2023 into 2024;
  • Update on US Securities Litigations and Developments on Corporate Law in Delaware;
  • Artificial Intelligence Impact on D&O Risk.

  Program Fee:
  Live Webcast: $229 for NYC Bar Members | $329 for Nonmembers
  In-House Counsel: Free to NYC Bar Members* | $279 Nonmember
  Government, Nonprofit, Academic, Recent Law Graduate, Newly Admitted Lawyer, Student, Judiciary and their Staff: Free for NYC Bar Members | $179 for Nonmembers

• Key Areas of D&O Liability Exposure, Insurance Coverage, and Big Developments from 2023 into 2024
  Alan Borst (Panel Leader)
  Mediator and Arbitrator
  Willie Borst ADR

  Marisa DeMartini
  VP, Management Liability Claims Manager
  Ascot Group

  Drew Leatherman
  Product Director, Public Company D&O & Fiduciary
  The Hartford

  Cort Malone
  Anderson Kill PC

  Update on US Securities Litigations and Developments on Corporate Law in Delaware
  Lorraine D. Mandel (Panel Leader)
  General Counsel, XL Group, PLC (Retired)
  Mandel Arbitration and Mediation, LLC

  Sarah M. Abrams
  Head of Claims
  Baleen Specialty, a division of Bowhead Specialty

  Roger A. Cooper
  Cleary Gottlieb

  Emma Gilmore
  Pomerantz LLP

  Artificial Intelligence Impact on D&O Risk
  Jonathan E. Meer (Panel Leader)
  Wilson Elser Moskowitz Edelman & Dicker LLP

  Larry Fine
  Management Liability Coverage
  WTW

  Brian Oubre
  Claims Director, Head of Commercial & Financial Institutions, Programs, and Transactional Risks
  Nationwide

  Alexander McD White
  Privacy Commissioner
  Bermuda

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

  9:05 am – 10:00 am
  Key Areas of D&O Liability Exposure, Insurance Coverage, and Big Developments from 2023 into 2024
  Panel Leader: Alan Borst
  Speakers: Marisa DeMartini, Drew Leatherman, & Cort Malone

  • D&O’s 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

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

  • Securities Act of 1933 & Securities Exchange 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

  11:00 am – 11:05 am
  Short Break

  11:05 am – 12:00 pm
  Artificial Intelligence Impact on D&O Risk
  Panel Leader: Jonathan E. Meer
  Speakers: Larry Fine, Brian Oubre, Commissioner Alexander McD White

  • The Current Regulatory Landscape of AI
  • Product Liability Cases Involving AI
  • Artificial Intelligence Impacting Copyright Claims
  • Security Issues Caused by the Use of AI

• New York: 3.0 Professional Practice
  New Jersey: 3.3 General
  California: 3.0 General
  Pennsylvania: 2.5 General
  Connecticut: Available to licensed attorneys

• Sponsoring Association Committee:
  Insurance Law, Sapna Maloor, Chair

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