D&O and E&O Insurance Claims in the Economic Downturn

Litigating Claims, Assessing and Renegotiating Current Policies, and Optimizing Future Coverage

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Thursday, June 4, 2009
Recorded event now available


This seminar will examine insurance coverage available to protect businesses during economic crisis, coverage issues relating to claims and lawsuits that are emerging as the crisis develops, and strategies for crafting insurance protection in the future.

Description

D&O and E&O insurance claims related both directly and indirectly to the economic freefall are anticipated to reach $10 billion. Shareholders and regulators aren't just seeking recovery from directors and officers, but from other executives as well.

Lawsuits against companies and their executives for alleged conduct that resulted in losses will only continue. Companies and their executives must examine existing policies to determine what coverage is available — and prepare to present their case for coverage to insurers and possibly the courts.

Legal counsel to companies must understand whether current policies provide adequate coverage, what claims are being asserted, and which coverage issues are implicated. Businesses and legal advisers must prepare to negotiate coverage for the future — and consider renegotiating existing policies.

Listen as our authoritative panel of insurance attorneys examines the current trends in claims being filed, potential claims related to the financial crisis, and best practices for making the most of current insurance coverage and strategies for obtaining optimal insurance protection for the future.

Outline

  1. Claims being asserted
    1. Derivative suits — breach of fiduciary duty
    2. Section 16 — insider trading
    3. Rule 10(b)(5) claims
    4. Common law fraud
    5. Criminal charges
  2. Available insurance coverage
    1. D & O
    2. E & O/Professional liability
    3. Other available insurance coverage
  3. Coverage issues relating to claims/suits arising out of the economic crisis
    1. Validity of the insurance policy
    2. Complying with notice provisions
    3. Defense related issues
    4. Settlements and the consent to settlement issues
    5. Fraud related exclusions
    6. Exclusions in derivative suits
    7. Section 16 claims — insider trading
    8. Coverage issues in securities litigation

Benefits

The panel will review these and other key questions:

  • What types of claims related to the financial crisis are being asserted against businesses?
  • What insurance coverage issues are implicated in financial crisis-related claims — and how should counsel respond?
  • What strategies can counsel employ to best analyze and address coverage issues?
  • What strategies can counsel employ in negotiating or renegotiating terms of the insurance policy to optimize coverage now and for the future?

Faculty

Robert M. Horkovich, Shareholder
Anderson Kill & Olick, New York

He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders. He is “the ‘go-to person’ in the area of insurance recovery” according to the Chambers USA 2005 Client’s Guide. He has obtained over $2 billion in settlements and judgments from insurance companies for his clients over the past decade.

Lon A. Berk, Partner
Hunton & Williams, McLean, Va.

His practice focuses on complex civil litigation. His experience includes the trial of cases involving commercial, insurance and reinsurance disputes. He also assists clients in connection with liabilities arising out of emerging technologies, including issues relating to internet security and electronic discovery.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credit

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More Details >

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Customer Reviews

The speaker's use of practical examples and not just talking about legal concepts, was very good.

Jeffrey Kaplan

Gaglione, Dolan & Kaplan

I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.

Daina Bray

Phelps Dunbar LLP

This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.

Louis C. Long

Pietragallo

I received complicated information in an uncomplicated, concise and understandable manner.

Alice Mercado

Lemons, Grundy & Eisenberg

The webinar provided good practical advice.

Peter Bado

Thrivent Financial

or call 1-800-926-7926

Insurance Law Advisory Board

John D. Green

Partner

Farella Braun + Martel

William O. Krekstein

Partner

Nelson Levine deLuca & Horst

Jay M. Levin

Counsel

Reed Smith

Peter J. Mintzer

Partner

Chamberlin, Keaster & Brockman

Barry S. Neuman

Counsel

Carter Ledyard & Milburn

Andrew G. Wanger

Partner

Clyde & Co.

Sandra I. Weishart

Partner

Barger & Wolen

or call 1-800-926-7926

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