Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability & Insurance 2021

Directors and officers 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. Sexual harassment claims, cyber liability, and regulatory compliance, 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. The Covid-19 pandemic has only heighten this exposure, especially in connection with corporate bankruptcies. In response, D&O and corporate liability insurance products continue to evolve to address these new and renewed exposures.

Join a 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 panelists will provide up to date commentary on best practices.

Panel Leaders:

• Jeffrey B. Clancy | Partner, Corporate and Financial Services Department & Insurance Transactional and Regulatory Practice Group, Willkie Farr & Gallagher LLP
• Raymond A. Mascia, Jr. | Shareholder, Insurance Recovery Group & COVID Task Group, Anderson Kill P.C.
• Andrew S. Nadolna, Esq. | Mediator & Arbitrator, JAMS

Faculty:

• Sebastian A. Alia | Deputy General Counsel, Hudson Insurance Group
• Alan Borst Jr. | Arbitrator, ARIAS-US
• Marisa DeMartini | AVP, Financial Lines Claims, ASCOT GROUP
• Elissa K. Doroff | Managing Director, Management and Prof Lines, NFP
• Andrew Harlfinger | Claims Attorney, Intact Insurance
• David Knowlton | Chairman and CEO, Cannabis Education and Research Institute
• Stephen Konigsberg | General Counsel, Tikun Olam
• Jeremy Lieberman | Managing Partner, Pomerantz LLP
• Clea P.M. Liquard | Associate, Covington
• Jennifer Odrobina | Vice-President, Sompo International
• Stephen A. Weisbrod | Founding Partner, Weisbrod Matteis & Copley PLLC

Agenda:

9:00 - 9:05am | Welcome and Introduction
9:05 - 9:55am | Primer on D&O Liability Exposures and Insurance Coverages
10:00 - 10:50am | Update on U.S. Securities Litigation and Coverage Considerations
11:10am - 12:00pm | Corporate/D&O Liability for Event Driven Litigations
12:05 - 1:00 pm | Corporate/D&O Liability for Emerging Claims (Climate Change / Cannabis)