(Webinar) Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability 2023

Friday, May 19, 2023 | 9:00 am – 12:00 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.  There have been significant changes in the number securities actions against D&Os in the past year, which has also impacted derivative actions, in particular those under Delaware corporate law.  The type of D&O litigations is evolving as well beyond those part of the Environmental, Social, and Governance (“ESG”) Movement, but also with cyber liability, cannabis, and crypto currency, which have presented new exposures for the corporation and its directors and officers, but have also led to important changes in the corporate boardroom.  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:

    • Key Areas of D&O Liability Exposure, Insurance Coverage, and Big Developments from 2022 into 2023;
    • Update on US Securities Litigations and Developments on Corporate Law in Delaware;
    • Emerging Areas of D&O Risk related to Cyber, Crypto, and Cannabis (the Crazy Cs).

    Program Fee:
    Live Webcast: $229 for NYC Bar Members | $329 for Nonmembers
    In-House Counsel: Free to NYC Bar Members* | $279 Nonmember
    Government, Nonprofit, Academic, Recent Law Graduate, Newly Admitted Lawyer, Student, Judiciary and their Staff: Free for NYC Bar Members | $179 for Nonmembers

  • Sarah Abrams
    Head of Professional Liability Claims
    Bowhead Specialty Underwriters

    Alan W. Borst, Jr.
    Mediator and Arbitrator Willie Borst ADR

    Lisa Campisi
    Blank Rome

    Roger A. Cooper
    Cleary Gottleib

    Marisa DeMartini
    AVP, Financial Lines Claims
    Ascot Group

    Emma Gilmore
    Pomerantz LLP

    Rachel Gold
    Senior Vice President
    Marsh | FINPRO NY

    Frank Garrson
    Saul Ewing

    Andre Harlfinger
    Claims Attorney
    Everest Insurance

    Danielle Hernandez
    Agency Manager / Cannabis Practice Leader
    Gilbert Insurance Group

    Clea P.M. Liquard

    Lorraine D. Mandel
    General Counsel, XL Group PLC (retired)
    Mandel Arbitration and Mediation, LLC

  • 9:00 am – 9:05 am       Welcome and Introduction
    Frederic M. Garsson

    9:05 am – 10:00 am    Key Areas of D&O Liability Exposure, Insurance Coverage, and Big Developments from 2022 into 2023

    • D&Os’ Fiduciary Duties and the Business Judgment Rule
    • Statutory Obligations including Federal Securities Laws
    • Risk Management, Corporate Indemnification and D&O Insurance
    • Significant 2022 and 2023 Cases Involving D&O Liability

    Panel Leader: Clea Liquard
    Speakers: Lisa Campisi, Marisa DeMartini, and Rachel Gold

    10:00 am – 10:05 am  Short Break

    10:05 am – 11:00 am  Update on US Securities Litigations and Developments on Corporate Law in Delaware

    • Securities Act of 1933 & Securities Exchange Act of 1934: Evolving Case Law
    • Latest on Corporate Action in Delaware State court
    • Recent Class Action & SEC Enforcement Developments
    • Recent D&O and Related Insurance Coverage Issues

    Panel Leader: Lorraine D. Mandel
    Speakers: Emma Gilmore, Roger Cooper, and Sarah Abrams

    11:00 am – 11:05 am  Short Break

    11:05 am – 12:00 pm  Emerging Areas of D&O Risk Related to Cyber, Crypto, and Cannabis (the Crazy Cs)

    • Class Action and Regulatory Claims related to Data Breaches
    • Crypto Currency and Crypto Exchange litigations.
    • Regulatory and Contract Claims Involving D&Os of Cannabis Companies
    • Other Evolving Areas of D&O Litigation

    Panel Leader: Jonathan E. Meer
    Speakers: Alan Borst, Andy Harlfinger, and Danielle Hernandez

  • New York: 3.0 Professional Practice
    New Jersey: 3.0 General
    California: 3.0 General
    Pennsylvania: 2.0 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Insurance Law, Frederic M. Garsson, Chair

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