D&O and E&O Insurance Claims in the Economic Downturn
Litigating Claims, Assessing and Renegotiating Current Policies, and Optimizing Future Coverage
D&O and E&O claims expected to reach $10 billion
Recording of a 90-minute CLE webinar with Q&A
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.
- Claims being asserted
- Derivative suits — breach of fiduciary duty
- Section 16 — insider trading
- Rule 10(b)(5) claims
- Common law fraud
- Criminal charges
- Available insurance coverage
- D & O
- E & O/Professional liability
- Other available insurance coverage
- Coverage issues relating to claims/suits arising out of the economic crisis
- Validity of the insurance policy
- Complying with notice provisions
- Defense related issues
- Settlements and the consent to settlement issues
- Fraud related exclusions
- Exclusions in derivative suits
- Section 16 claims — insider trading
- Coverage issues in securities litigation
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?
Robert M. Horkovich
Anderson Kill & Olick
He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate... | Read More
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.Close
Lon A. Berk
Hunton & Williams
His practice focuses on complex civil litigation. His experience includes the trial of cases involving commercial,... | Read More
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.Close
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