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
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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 ResearchStephanie Avakian
Former Director
SEC Division of EnforcementSusanna M. Buergel
Paul, Weiss, Rifkind, Wharton & Garrison LLPGeorge S. Canellos
Milbank LLPRoger A. Cooper
Cleary Gottlieb Steen & Hamilton LLPRay DiCamillo
Richards, Layton & Finger, PAGiovanna A. Ferrari
Seyfarth Shaw LLPJack Flug
Managing Director
MarshJonathan Goldblatt
Head of Litigation
The Bank of New York MellonMeredith Kotler
Freshfields Bruckhaus Deringer LLPKevin LaCroix
Executive Vice President
RT ProExec, a Division of R-T Specialty, LLC
Author, The D&O DiaryMarc Lindsay
Sustainable Governance PartnersElaine Mandelbaum
General Counsel and Senior Vice President
Interactive BrokersJames M. McDonald
Sullivan & Cromwell LLP
Former Director of Enforcement
US Commodity Futures Trading CommissionJames Meadows
Americas General Counsel &
Head of Litigation, Investigations and Enforcement (Americas & APAC)
BarclaysDaphne Morduchowitz
Seyfarth Shaw LLP
Scott D. Musoff
Skadden, Arps, Slate, Meagher & Flom LLPMaeve O’Connor
Debevoise & Plimpton LLPDavid Onorato
General Counsel
Royal Bank of Canada (RBC)Laura H. Posner
Cohen Milstein Sellers & Toll PLLCWilliam Prickett
Seyfarth Shaw LLPLorin L. Reisner
Paul Weiss, Rifkind, Wharton & Garrison LLPSusan L. Saltzstein
Skadden, Arps, Slate, Meagher & Flom LLPJarrod Schlesinger
Executive Vice President, North America Financial Lines
ChubbJeffrey T. Scott
Sullivan and Cromwell LLPRachelle Silverberg
Wachtell, Lipton, Rosen & KatzVice Chancellor Joseph R. Slights
Court of Chancery, Kent CountyAndrew Stemmer
Head of Litigation & Regulatory Enforcement – Americas
Deutsche BankJeroen Van Kwawegen
Bernstein Litowitz Berger & Grossmann LLPJessica Strine
Sustainable Governance PartnersSteven White
Vice President, Claims Manager
Swiss Re Corporate Solutions -
11:30am – 11:50am
Introduction & Trends in Securities Filings
Greg Markel, Alexander “Sasha” Aganin, Daphne Morduchowitz11:50am – 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. Reisner1:05pm – 1:25pm
Break1:25pm – 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’ Connor2:30pm – 2:35pm
Break2:35pm – 3:30pm
Keynote Speech
Professor Joseph Grundfest3:30pm – 3:35pm
Break3:35pm – 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 White12:35pm – 12:45pm
Break12:45pm – 1:20pm
Keynote Speech: The Rise of ESG
Brad Karp1:20pm – 1:25pm
Break1:25pm – 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 Strine2:25pm – 2:30pm
Break2:30pm – 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 Stemmer3:45pm – 3:50pm
Break3:50pm – 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, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org