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

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

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
    In-House Counsel: Free for NYC Bar Members | $349 for Nonmembers
    Government/Nonprofit/Academic/Judiciary: Free for NYC Bar Members | $199 for Nonmembers

    IFNY 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.

  • Panel Moderators:

    Jonathan E. Meer

    Jeffrey B. Clancy

    Lorraine D. Mandel
    Mediator & Arbitrator, MANDEL ARBITRATION AND

    Andrew S. Nadolna
    Mediator & Arbitrator, JAMS



    Mary Jo Barry

    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

    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

    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

    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: 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, Chair

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