(Webcast) 9th Annual Securities Litigation & Enforcement Institute

Fridays, February 26 & March 19, 2021 | 11:30 am – 5:10 pm

Keynote Speaker:
Professor Joseph Grundfest
Stanford Law School

Program Co-Chair
Brad S. Karp
Paul, Weiss, Rifkind,
Wharton & Garrison LLP

Program Co-Chair
Gregory A. Markel
Seyfarth Shaw LLP

  • The 9th Annual Institute will be, in many ways, the most important one yet. The keynote address will be delivered on February 26th by Professor Joseph Grundfest of Stanford Law School Former SEC Commissioner). He will discuss “The Grundfest Solution” for problems stemming from the Cyan case, the implications of the forthcoming Goldman appeal, and the likely future direction of the SEC.

    Day one will feature panels of outstanding practitioners. The securities litigation panel will address Cyan, Goldman and several other important cases, as well as a short presentation by Cornerstone on the latest trends in securities cases. The SEC and CFTC panel will have an all-star panel including the most recent heads of enforcement at both agencies, Stephanie Avakian and Jamie MacDonald; the panel will address recent developments in regulation as well as changes that may occur as a result of the new administration. The panel on the most important issues in current Delaware litigation will include distinguished Delaware lawyers and Vice Chancellor Joseph R. Slights of the Delaware Chancery Court.

    On day two we will highlight issues related to emerging concerns in our society, economy and businesses. Brad Karp will deliver the Day 2 Keynote on the fast growing importance of ESG to individuals and corporations and comment on its implications and likely impact on aspects of the way our society will function. The first panel will focus on societal issues including diversity and cybersecurity. In particular this panel will address board duties, responsibilities, risks and potential liabilities that are emerging as society increases its emphasis on ESG and diversity. The second panel will engage in-house counsel in identifying and discussing their biggest concerns and challenges including but not limited to emerging litigation issues, ESG, and diversity. It will also address what they are looking for in characteristics of outside counsel. The third panel will address D&O insurance trends, pricing capacity and how new risks facing board members are affecting the D&O market and areas where the panel believes litigation reform is needed. The fourth panel will feature some of the already arrived next generation of securities litigation leaders discussing the future direction of the practice and new and important cases.

    On-demand access to Day 1 of the Institute will be sent once registration for Day 2 is received.

    Program Fee:
    $449 for Members | $649 for Nonmembers
    In-House Counsel: $299 for Members | $499 for Nonmembers
    Government/Nonprofit/Academic/Judiciary: $249 for Members | $399 for Nonmembers

  • Sasha Aganin
    Senior Vice President
    Cornerstone Research

    Stephanie Avakian
    Former Director
    SEC Division of Enforcement

    Susanna M. Buergel
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

    George S. Canellos
    Milbank LLP

    Roger A. Cooper
    Cleary Gottlieb Steen & Hamilton LLP

    Ray DiCamillo
    Richards, Layton & Finger, PA

    Giovanna A. Ferrari
    Seyfarth Shaw LLP

    Jack Flug
    Managing Director

    Jonathan Goldblatt
    Head of Litigation
    The Bank of New York Mellon

    Meredith Kotler
    Freshfields Bruckhaus Deringer LLP

    Kevin LaCroix
    Executive Vice President
    RT ProExec, a Division of R-T Specialty, LLC
    Author, The D&O Diary

    Marc Lindsay
    Sustainable Governance Partners

    Elaine Mandelbaum
    General Counsel and Senior Vice President
    Interactive Brokers

    James M. McDonald
    Sullivan & Cromwell LLP
    Former Director of Enforcement
    US Commodity Futures Trading Commission

    James Meadows
    Americas General Counsel &
    Head of Litigation, Investigations and Enforcement (Americas & APAC)

    Daphne Morduchowitz
    Seyfarth Shaw LLP

    Scott D. Musoff
    Skadden, Arps, Slate, Meagher & Flom LLP

    Maeve O’Connor
    Debevoise & Plimpton LLP

    David Onorato
    General Counsel
    Royal Bank of Canada (RBC)

     Laura H. Posner
    Cohen Milstein Sellers & Toll PLLC

    William Prickett
    Seyfarth Shaw LLP

    Lorin L. Reisner
    Paul Weiss, Rifkind, Wharton & Garrison LLP

    Susan L. Saltzstein
    Skadden, Arps, Slate, Meagher & Flom LLP

    Jarrod Schlesinger
    Executive Vice President, North America Financial Lines

    Jeffrey T. Scott
    Sullivan and Cromwell LLP

    Rachelle Silverberg
    Wachtell, Lipton, Rosen & Katz

    Vice Chancellor Joseph R. Slights
    Court of Chancery, Kent County

    Andrew Stemmer
    Head of Litigation & Regulatory Enforcement – Americas
    Deutsche Bank

    Jeroen Van Kwawegen
    Bernstein Litowitz Berger & Grossmann LLP

    Jessica Strine
    Sustainable Governance Partners

    Steven White
    Vice President, Claims Manager
    Swiss Re Corporate Solutions

  • 11:30am – 11:50am
    Introduction & Trends in Securities Filings
    Greg Markel, Alexander “Sasha” Aganin, Daphne Morduchowitz

    11:50am – 1:05pm 
    SEC and CFTC Regulation and Enforcement
    The recent past and the future in dealing with regulators and the new administration.

    • Current and future areas of SEC’s, CFTC’s and other regulator’s focus
    • The likely effect of election of Joseph Biden on regulation

    Moderator: George S. Canellos
    Panelists: Stephanie Avakian, James M. McDonald, Lorin L. Reisner

    1:05pm – 1:25pm 

    1:25pm – 2:30pm
    Important Developments in Delaware Law and Cases: Recent and Looking Forward
    Update from leading Delaware lawyers and Vice Chancellor Slights on developing trends in Delaware cases and law
    Moderator: Rachelle Silverberg
    Panelists: Vice Chancellor Joseph R. Slights, Ray DiCamillo, Jeroen Van Kwawegen, Maeve O’ Connor

    2:30pm – 2:35pm

    2:35pm – 3:30pm 
    Keynote Speech
    Professor Joseph Grundfest

    3:30pm – 3:35pm 

    3:35pm – 5:10pm 
    Securities Litigation Developments

    • Securities class action filings: latest trends and takeways
    • Case law developments in 2020 and early 2021.
    • What is coming up in 2021: effects of election results and Supreme Court nominees

    Moderator: Gregory A. Markel
    Panelists: Roger A. Cooper, Robert J. Giuffra, Jr., Adam Hakki, David Onorato, Laura H. Posner

  • 11:30am – 12:35pm  
    D&O Insurance Rates, Issues and Trends

    • Litigation over SPACS, ESG, Diversity, Cyber (overview only).
    • What have been the recent trends in D&O insurance capacity, rates and retentions
    • What have been the recent trends in D&O rates and retentions
    • What factors are driving rates
    • What types of cases are of concern
    • Abusive merger cases

    Moderator: Gregory A. Markel
    Panelists: Jack Flug, Kevin Lacroix, Jarrod Schlesinger, Steven White

    12:35pm – 12:45pm

    12:45pm – 1:20pm 
    Keynote Speech: The Rise of ESG
    Brad Karp

    1:20pm – 1:25pm

    1:25pm – 2:25pm    
    ESG and Diversity: A New World Beckoning

    • ESG: origins, motivations, trends and likely outcomes.
    • The Board’s role, risks and duties

    Moderator: William Prickett
    Panelists: Marc Lindsay, Gregory A. Markel, Jessica Strine

    2:25pm – 2:30pm 

    2:30pm – 3:45pm 
    In-House Thoughts Regarding New Litigation Risks, the New Retail Investor and Short Sellers and the Role of Diversity in Choosing Outside Counsel

    • Squeezes, SPACS, shorts, retail investors and Robinhood
    • Biggest litigation concerns entering 2021 AML and others
    • Doing investigations in the time of Covid
    • Mediations and trials in the time of Covid. Does Covid affect the timing of settlement.
    • Promoting Diversity in the legal department.
    • Outside counsel’s Diversity and ESG record and how it influences selection of outside counsel

    Moderator: Gregory A. Markel
    Panelists: Jonathan Goldblatt, Elaine Mandelbum, Andrew Stemmer

    3:45pm – 3:50pm  

    3:50pm – 5:10pm   
    A New Generation of Leaders in Securities Litigation and Regulatory Enforcement

    • Important case developments
    • Coordinating multiple actions and investigations
    • Evaluating a Case throughout its Life
    • Estimating Damages
    • New Judges and Justices:  How will they change securities litigation
    • The future of Securities Litigation

    Moderator: Susan Saltzstein
    Panelists: Susanna Buergel, Giovanna A. Ferrari, Meredith Kotler, Scott Musoff, Jeffrey Scott

  • New York: 13.0 Professional Practice (Both Days), 6.0 Professional Practice (Day 1), 7.0 Professional Practice (Day 2)
    New Jersey: 13.0 General (Both Days) 6.2 General (Day 1), 7.4 General (Day 2)
    California: 13.0 General (Both Days), 6.0 General (Day 1),  7.0 General (Day 2)
    Pennsylvania: 11.0 General (Both Days), 5.0 General (Day 1), 6.0 General (Day 2)
    Connecticut: Available to Licensed Attorneys

  • Gold Level:

    Silver Level:

    Sponsoring Association Committees:
    Securities Litigation, Laura H. Posner, Chair
    Securities Regulation, David S. Huntington, Chair
    White Collar Crime, Marshall L. Miller, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org