Wednesday, May 11, 2016| 9:00 am – 1:00 pm
Scott R. Schaffer
Wilson Elser Moskowitz Edelman & Dicker LLP
Stephen A. Weisbrod
Weisbrod Matteis & Copley PLLC
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Directors and officers of corporations face constantly increasing and evolving liability. Those exposures are not limited to public companies, as directors and officers of private companies and non-profit enterprises also face potential liability. Directors and officers of all organizations 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 liablity for violations of the federal securities laws. Increased mergers and acquisitions activity, including cross-border transactions as part of corporate tax savings strategies, have further complicated the subject of directors and officers liability. And several years into the economic recovery from the “Great Recession”, the financial wherewithal of corporations, and their directors, officers, employees, investors and creditors continue to be at risk. But corporations and D&Os are not alone in all this. Directors and officers liability, and corporate liability, insurance products address these exposures and are a key component of any corporation’s risk management plan. Our panel of professionals, including insurers’ representatives and insureds’ advocates, will provide a balanced perspective on present and future exposures facing directors and officers, the D&O insurance marketplace, recent legal developments and the impact of coverage defenses on claim resolution. Allocation between covered and non-covered claims and parties, and the interplay between D&O insurance and other kinds of insurance, will also be addressed. Panel discussions include:
- Primer on D&O Liability Exposures and Coverages
- Update on U.S. Securities Litigation, Resolutions and Case Law
- Special Claims/Coverage Considerations of Insureds and Insurers
- The Dynamics of D&O “Towers” including Side “A” Coverage
Live Program/Webcast/DVDs & CDs: $229 Member | $329 Nonmember
In-House Counsel: $149 Member | $249 Non-Member
On-Demand: $189 Member| $289 Nonmember
Materials Only (No CLE Credit): $99 Member| $129 Nonmember -
Steve Barge-Siever
Senior Vice President
Krauter & Company
Richard J. Bortnick
Senior Counsel
Traub Lieberman Straus & Shrewsberry LLPR. Damian Brew
Marsh USAJohn C. Cleary
Vedder Price PCSteven R. DeLott
Simpson Thacher & Bartlett LLPJohn A. Freedman
Arnold & Porter LLP
Salvatore Graziano
Bernstein Litowitz Berger & Grossmann LLPAndre E. Harlfinger
One Beacon Insurance GroupJeffrey R. Lattmann
Executive Managing Director
National Executive Liability Practice
Beecher & CarlsonJill M. Levy
Coughlin Duffy LLPJed D. Melnick
JAMS
Weinstein Melnick LLCJohn McNichols
Williams & Connolly LLPRoger M. Moak
Arbitrator-Umpire-MediatorHarold Neher
Vice President, Claims
Axis Insurance – Professional Lines -
9:00 am – 9:10 am
Welcome and Introduction
Jill M. Levy and Roger M. Moak
9:10 am – 10:20 am
D&O Liability and Insurance Re: Securities Class Actions and Derivative Actions
- “A&B”, “ABC”, and Side “A” Insurance Policy Provisions and Triggers
- Violation of Federal Securities Laws, and Breach of Fiduciary Duties
- Securities Class Action & Derivative Action Trends, Statistics and Settlements
- Impact of Recent U.S. Supreme Court Decisions Incl. Halliburton & Omnicare
Moderator: Scott R. Schaffer
Panelists: Harold Neher, Salvatore Graziano, Jeffrey R. Lattmann and John McNichols10:20 am – 10:30 am
Break
10:30 am – 11:40 am
Special Considerations of D&O Claims Handling
- Differing Perspectives of Insurers, Policyholders, Brokers, Defense Counsel and Mediators
- Allocation Between Covered and Non-Covered Claims, Defendants and Losses
- Interplay Between D&O insurance and Other Insurance Products
- Impact of Heightened DOJ and SEC Investigations and Prosecutions of Corporate Insureds
Moderator: Stephen Weisbrod
Panelists: Steven R. DeLott, John A. Freedman, and Jed D. Melnick11:40 am – 11:50 am
Break
11:50 am – 1:00 pm
The “Y2K” That Really Happened (Impact of Cyber Liability upon D&O Liability)
- Anatomy of a Cyber Data Breach Incident
- D&O Exposures Resulting From Cyber Breach Incident
- Review Notable Cyber-Related Securities Class Actions & Derivative Actions
- Policies Which May Respond to Cyber Data Breach Claims
Moderator: Andre E. Harlfinger
Panelists: R. Damian Brew, John C. Cleary, Richard J. Bortnick, and Steve Barge-Siever -
NY: 4.0 professional practice
NJ: 4.4 general
CA: 4.0 general
PA: 3.5 general -
Click Here to View our Catalog for On-Demand Programs
Click Here to View our Catalog for CDs, DVDs, and Materials
* New York residents will be charged the New York sales tax for all audio visual purchases.
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The Insurance Federation of New York, Inc. (IFNY)
Sponsoring Association Committee:
Insurance Law | Jill M. Levy, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org
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