Friday, June 17, 2022 | 9:00 am – 1:00 pm
Jonathan Meer
Wilson Elser Moskowitz Edelman & Dicker LLP
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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
In-House Counsel: Free for NYC Bar Members | $349 for Nonmembers
Government/Nonprofit/Academic/Judiciary: Free for NYC Bar Members | $199 for NonmembersIFNY and LICONY members, please call Customer Relations (212.382.6663) to register at the member rate.
Members who are Law Students, Recent Law Graduates, or Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), attend this program for free.
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Panel Moderators:
Jonathan E. Meer
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLPJeffrey B. Clancy
Partner, WILLKIE FARR & GALLAGHER LLPLorraine D. Mandel
Mediator & Arbitrator, MANDEL ARBITRATION AND
MEDIATION, LLCAndrew S. Nadolna
Mediator & Arbitrator, JAMSFaculty:
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 IntroductionFrederic 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. Liquard10:00 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 Mascia10:50 am – 11:10 am
Break11:10 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 Lebovitch12:05 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: 4.0 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, ChairSponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org