D&O Liability Insurance: 2016 Updates
With the ever complex and changing landscape of director and officer (D&O) liability insurance coverage, misconception of the scope of coverage provided by D&O policies is a common corporate problem. In the current regulatory and economic environment, more companies and individuals are likely to be targeted by government investigations and, in turn, look to their D&O policies for coverage.. The recent release of the Department of Justice's memorandum entitled “Individual Accountability for Corporate Wrongdoing” demonstrates its heightened commitment to prosecuting executives deemed accountable for corporate misdeeds. It is now crucial for companies to review their D&O insurance policies, and keep themselves abreast of these recent regulatory developments. Proactive, informed companies will reduce litigation risk, prevent monetary losses and protect reputations.
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders assembled by the Knowledge Group will provide the audience with an in-depth discussion of D&O Liability Insurance. Audience members will gain understanding of the important aspects of this significant topic. Speakers will also offer best practices in mitigating litigation risk and ensuring compliance with insurance laws.
Key topics include:
- D&O Liability Insurance – An Overview
- D&O Liability Insurance Policies and Enforcement
- Professional Services Exclusion
- Corporate Indemnification and Settlement Issues
- “Individual Accountability for Corporate Wrongdoing” (Yates Memo)
- Possible Impact on D&O Coverage
- Litigation Risks
- Risk Mitigation Techniques
- Best Compliance Practices
Jeffrey R. Gaylord, Partner
Lewis Brisbois Bisgaard & Smith LLP
- Introductory – what D&O covers
- State of the Market
- What derivatives suits are all about – forum selection
- SEC enforcement actions-Yates memo
P. Benjamin Duke, Partner
Covington & Burling LLP
- Significant developments: concept of inter-relatedness/definitions…
- Battle of the Coverages: Dealing with Gaps between D&O and E&O
- Comerica conundrum (Comerica & Qualcomm) in the D&O context, settling D&O coverage
Dorothea W. Regal, Partner
Hoguet Newman Regal & Kenney, LLP
- The Professional Services Exclusion: Who Is A “Customer” And What Are “Professional Services” Anyway?
- Clawbacks: Will Your Client’s D&O Policy Provide Defense Cost Coverage?
Jeanette L. Dixon, Partner
Manning & Kass, Ellrod, Ramirez, Trester LLP
- Cyber Data Breaches - Directors and Officers Are the New Target
Who Should Attend:
- Insurance Attorneys
- Attorneys & Senior Executives from Banks and Financial Institutions
- CFOs and the Finance Team from Banks
- Financial Institutions
- Banking & Finance Attorneys
- Other related professionals
Jeffrey R. Gaylord is vice-chair of the Directors & Officers Coverage & Litigation Practice at Lewis Brisbois Bisgaard & Smith. A partner in the firm’s New York office, he has counseled the world’s largest insurers, as well as corporations and their directors and officers for over 25 years on matters pertaining to directors and officers liability insurance and the duties and exposures of directors and officers under state corporate law and the federal securities laws.
He has represented insurers in hundreds of securities class action and derivative suits involving stock drops, accounting irregularities, mergers and corporate scandals. In addition, Jeff is frequently retained by his clients to develop and draft new policy forms, endorsements and insurance products. He has particular expertise in the development of alternative dispute resolution and claims management programs in the insolvency context, having worked with insolvent corporations, financial institutions, law firms and their insurers to develop claims resolution strategies and coverage workouts.
He received his JD, cum laude, from Syracuse University and his BA, cum laude, from Hobart College. Away from the office, Jeff has served as President and as Treasurer of the Hidden Valley Ski Racing Association, as well as a ski racing coach in the USSA Junior Program. He lives with his family in Chatham, New Jersey.
Jeffrey R. Gaylord is vice-chair of the Directors & Officers Coverage & Litigation Practice at Lewis Brisbois Bisgaard & Smith. …
P. Benjamin Duke advises and advocates for insurance policyholders in complex litigation, arbitration and other matters involving all types of insurance, from general liability to D&O, professional liability, fidelity bond, and other specialized coverages. Mr. Duke has extensive experience litigating in state and federal courts at both the trial and appellate levels, as well as in various arbitration forums. He has helped recover hundreds of millions of dollars in insurance for companies and individuals in a broad range of industries, including financial services, technology, energy, and pharmaceuticals.
P. Benjamin Duke advises and advocates for insurance policyholders in complex litigation, arbitration and other matters involving all types of …
Dorothea W. Regal is a founding partner of Hoguet Newman Regal & Kenney, LLP, and the head of the firm’s insurance practice group. She represents domestic and international policyholders in connection with insurance claims under liability and property insurance policies. She has participated in major environmental and product liability insurance coverage litigation and counsels policyholders regarding Directors & Officers coverage, commercial general liability coverage, product liability coverage, coverage for first-party property damage and business interruption and other coverage issues. Over the course of her career, she has helped secure hundreds of millions of dollars in coverage for her clients, and she has been recognized by New York Super Lawyers – Metro Edition© as a Super Lawyer in Insurance Coverage for 2014 and 2015.
More detail about Ms. Regal’s background can be found at: https://www.hnrklaw.com/our-attorneys/DOROTHEA_REGAL/
Dorothea W. Regal is a founding partner of Hoguet Newman Regal & Kenney, LLP, and the head of the firm’s …
Jeanette L. Dixon is managing partner of the New York office of Manning & Kass. Ms. Dixon received her BA in social science legal studies/English from the State University of New York at Buffalo in 1992 and her JD from State University of New York at Buffalo School of Law in 1995.
Ms. Dixon joins the firm with more than 14 years of experience within the areas of insurance coverage and defense. Ms. Dixon practices in the areas of employment law litigation, health care liability, insurance coverage, professional liability defense litigation, lawyers professional liability, miscellaneous professional liability, real estate E&O, financial services E&O, directors and officers liability, insurance agent E&O, complex general liability, condo/homeowner associations law (D&O), public officials E&O, school leaders E&O, and media/technology law, including cyberliability.
Jeanette L. Dixon is managing partner of the New York office of Manning & Kass. Ms. Dixon received her BA …
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About Lewis Brisbois Bisgaard & Smith LLP
Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national full-service law firm with 40 offices in 26 states. Lewis Brisbois has a sophisticated and multi-faceted national practice representing many of the nation’s leading insurers and corporations in over 35 different practice areas ranging from litigation, employment practices and products liability to professional liability, insurance coverage and network security. Its individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois is particularly well-known for its strong litigation practice and seasoned bench of trial attorneys who regularly parachute in to handle the most difficult and catastrophic cases across the country. Diversity is an integral part of the firm’s culture and the success of its diversity initiatives are reflected in its repeated national recognition for those efforts.
About Covington & Burling LLP
Covington & Burling LLP is a full-service firm with approximately 850 lawyers in offices in Beijing, Brussels, London, New York, San Diego, San Francisco, Seoul, Shanghai, Silicon Valley and Washington. Covington practices as one firm, holding closely to core values grounded in a deep commitment to its clients, an ethic of collaboration among its lawyers and other professionals, and unwavering devotion to the excellence and effectiveness of its work on clients’ behalf.
About Hoguet Newman Regal & Kenney, LLP
Hoguet Newman Regal & Kenney is a litigation boutique founded by senior trial lawyers dedicated to using their decades of experience to represent clients faced with sophisticated and demanding legal issues effectively and responsively in a small firm setting. The attorneys in the firm’s Insurance Coverage Litigation and Counseling Practice represent policyholders across a variety of industries and have substantial experience with complex insurance programs, often comprised of diverse types of insurance policies issued by numerous insurers and extending back many decades. We routinely advise, evaluate, negotiate, and if necessary, litigate insurance coverage disputes involving a wide range of claims and policies, including property insurance, business interruption coverage, third-party liability insurance for environmental, products, asbestos and other claims, as well as claims under Directors & Officers liability policies, claims under professional liability or Errors & Omissions insurance, employment practices liability claims, multimedia errors and omissions claims, cyber liability claims, and claims under fidelity bonds.
About Manning & Kass, Ellrod, Ramirez, Trester LLP
Founded in 1994, with only sixteen attorneys, today Manning & Kass has grown to more than 165 attorneys in six offices across the country, including the major metropolitan areas of New York and Los Angeles. The firm’s 34 practice areas encompass a broad spectrum of civil litigation and risk management.