Day 1 - Tuesday, July 26, 2016

10:30
Pre-Conference Boot Camp on Fiduciary Liability Coverage: What Carriers, Brokers, Underwriters and Counsel Now Need to Know, Including With Respect to the DOL Fiduciary Rule
12:30
Lunch for Boot Camp Participants
1:10
Main Conference Registration
1:25
Chairs’ Welcoming Remarks
1:30
View from Speakers at DOJ and SEC: Cooperation Agreements Tools, Shifts in Corporate Civil and Criminal White Collar Investigations, Prosecuting Corporate Misconduct and Holding Individuals Accountable, and the Impact of It All on D&O
3:00
Break
3:05
The Yates Memo and the New Individual Accountability Landscape: An In-Depth Analysis of How the Prosecution of Individuals in Corporate Investigations Will Impact Securities Litigation and Side A D&O Policies
4:00
The D&O and Management Liability Marketplace:
5:40
Developments in Delaware Law Including Disclosure Only Settlements in Merger Objection Cases, Fee-Shifting Bylaws, and Other Issues Impacting the D&O Liability Landscape
6:30
Conference Adjourns to Day Two

Day 2 - Wednesday, July 27, 2016

7:30
Continental Breakfast
8:00
Private and Non-Profit D&O: New Exposures and Concerns, Claims Frequency, Unique Claims that Arise, Comparison with Public Company D&O, and Underwriting Issues
8:55
Impact of Legal Trends and Developments in Key Securities Class Actions, Corporate Governance and D&O Claims, Including IPO Litigation and the Effect of the Omnicare Decision
9:55
Morning Break
10:05
Shareholder Activisim and Derivative Litigation, Including M&A Litigation brought Derivatively, and Side A Implications
11:05
The Latest on Cyber Oversight Needed at the Board Level and Trends in Cyberbreach-Related D&O Cases (Public and Private)
12:00
Networking Luncheon for Speakers and Delegates
1:00
In-House Panel on Identifying, Acquiring & Evaluating D&O Policies
1:55
Achieving Reasonable Expectations and Employing Effective Tactics in a Securities Class Action Mediation
2:50
Afternoon Break
3:00
D&O Considerations for Private Equity and Hedge Funds
3:55
D&O in the World of Financial Institutions
4:50
Closing Deals with Reps and Warranties Insurance: Can This Product Co-Exist with D&O, Plus Trends, Challenges and What’s Next?
5:45
Conference Ends

Day 1 - Tuesday, July 26, 2016

10:30
Pre-Conference Boot Camp on Fiduciary Liability Coverage: What Carriers, Brokers, Underwriters and Counsel Now Need to Know, Including With Respect to the DOL Fiduciary Rule

Wendy Katherine Von Wald
Fiduciary Product Manager
Travelers

Evan Shapiro
Principal
Skarzynski Black LLC

Kimberly M. Melvin
Partner
Wiley Rein, LLP

  • Protections against claims of company plan mismanagement
  • ERISA compliance basics and how ERISA defines fiduciary responsibilities
  • Special nuances and variations with retirement, health and employee welfare plans; and the administration challenges of each
  • Working with third-party fiduciaries and service providers, and the
    fiduciary liability coverage issues that arise
  • Unique exposures to fiduciary liability that all brokers, carriers, underwriters and counsel need to know
  • Gearing up for the DOL fiduciary rule

10:30 a.m. – 12:30 p.m.
(Registration opens 10 a.m.; separate registration required)

12:30
Lunch for Boot Camp Participants
1:10
Main Conference Registration
1:25
Chairs’ Welcoming Remarks

Robert Stern
Partner
Orrick, Herrington & Sutcliffe LLP

Kara Altenbaumer-Price Esq.
SVP, Corporate Risk & Governance
USI Southwest

Diane M. Parker
Vice President, North American Claims Group
Allied World Insurance Company

1:30
View from Speakers at DOJ and SEC: Cooperation Agreements Tools, Shifts in Corporate Civil and Criminal White Collar Investigations, Prosecuting Corporate Misconduct and Holding Individuals Accountable, and the Impact of It All on D&O

R. Stephen Stigall
Attorney-in-Charge, Camden Branch Office
United States Attorney’s Office, District of New Jersey

Richard Hayes
Deputy Chief, Civil Division
U.S. Attorney’s Office, Eastern District of New York

Vincente Martinez
Chief, Office of Market Intelligence, Division of Enforcement
U.S. Securities and Exchange Commission

Simona Suh
Branch Chief Division of Enforcement
U.S. Securities & Exchange Commission

Alexander Vasilescu
Regional Trial Counsel New York Office
U.S. Securities & Exchange Commission

Co-Moderators:

Jonathan S. Sack
Partner
Morvillo Abramowitz

Joseph Borg
Director
Ala. Sec. Commission

3:00
Break
3:05
The Yates Memo and the New Individual Accountability Landscape: An In-Depth Analysis of How the Prosecution of Individuals in Corporate Investigations Will Impact Securities Litigation and Side A D&O Policies

Joseph P. Monteleone
Partner
Rivkin Radler LLP

Carol Zacharias
Counsel
QBE North America

Gregory S. Bruch
Partner
Bruch Hanna LLP

R. Damian Brew
Managing Director/FINPRO
Marsh USA, Inc.

  • With DOJ’s new policy and focus on individual actors responsible for
    corporate wrongdoing, what will be the impact on future securities litigation?
  • Important D&O questions raised
  • How will the relationship between the carrier/client change, and how
    will the process be managed?

4:00
The D&O and Management Liability Marketplace:

Stacy Parker Esq.
Managing Director
Aon Risk Services of New York, FSG Division

Shanda Davis
D&O Product Manager, Bond & Specialty Insurance
Travelers

Ty Sagalow
CEO, Founder
Innovation Insurance Group

Jennifer L. Odrobina Esq., ARM
Assistant Vice President Executive Assurance Claims
Arch Insurance Company

Todd M. Greeley, Esq.
Senior Vice President Executive & Professional Lines
Berkshire Hathaway Specialty Insurance

Brian E. Botkin
Global Head of Multinational Financial Lines
AIG Property Casualty

Marc London
Management Liability/Specialty Lines
Beazley Group

Steve Boughal CFA, FRM
Vice President, Chief Underwriting Officer
Hartford Financial Products

Machua Millett
Chief Innovation Officer, FINPRO US
Marsh USA, Inc.

John C. Minett
SVP and Counsel - Professional Liability Claims Manager
Endurance Services Ltd.

Moderator:

Mary Craig Calkins
Partner
Kilpatrick Townsend & Stockton LLP

  • Evolution of D&O: What’s new in the D&O and management liability
    marketplace for both public, private and non profit companies?
  • Coverage for regulatory investigations: do we need more specific claim definitions, or the evolution of separate insurance products to cover these investigations?
  • What coverages are being offered in policies?
  • Coverage Considerations; coordination of coverage; relatedness
    provisions
  • What non-traditional areas may be covered in D&O policies? What
    about TCPA violations? government investigation following a cyber breach? FCPA charges and investigations? Qui Tam/False Claim actions? Fair Labor Standards Act claim? PNP claims? Others?
  • What are the current underwriting trends?
  • Aligning the policy to match risk profile of the company
  • The latest claims issues: evergreen and new
  • The effect of consolidation on the D&O market

The Latest Products, Coverage Issues Including Coverage for Regulatory Investigations, Claims and Underwriting Trends, Predictions for Expanded Coverage Past Traditional Areas, and the Effect of P&C Consolidation and Suits Against Foreign Defendants on D&O

5:40
Developments in Delaware Law Including Disclosure Only Settlements in Merger Objection Cases, Fee-Shifting Bylaws, and Other Issues Impacting the D&O Liability Landscape

Diane M. Parker
Vice President, North American Claims Group
Allied World Insurance Company

David Wales
Partner
Bernstein Litowitz Berger & Grossmann LLP

Michael Bongiorno
Partner
WilmerHale

  • Disclosure-only settlements in merger objection cases
  • Rejecting the once standard practice of settling lawsuits challenging
    mergers and acquisitions transactions through “disclosure-only” settlements?
  • How will this change the landscape of M&A litigation in Delaware?
  • Forum selection and fee shifting issues
  • Bylaws requiring mandatory arbitration
  • Minimum stake and interest claim
  • Possible effects of these developments on strike suits
  • Other key developments in Delaware law and practice
  • A look at the increasing severity of the M&A suits rather than volume of these cases

6:30
Conference Adjourns to Day Two

Day 2 - Wednesday, July 27, 2016

7:30
Continental Breakfast
8:00
Private and Non-Profit D&O: New Exposures and Concerns, Claims Frequency, Unique Claims that Arise, Comparison with Public Company D&O, and Underwriting Issues

Matthew L. Jacobs
Partner
Jenner & Block LLP

Steven H. Anderson
CEO and Founder
Tipping Point Insurance

David S. Perkins RPLU
Executive Vice President
U.S. Risk Brokers, Inc.

  • Claims frequency in the private non-profit sector increasing?
  • Unique and evolving claims and underwriting issues?
  • For private companies: entity coverage
  • Comparison with public company D&O policies
  • Different venues
  • Which industry sectors have been appearing?

8:55
Impact of Legal Trends and Developments in Key Securities Class Actions, Corporate Governance and D&O Claims, Including IPO Litigation and the Effect of the Omnicare Decision

Alex J. Kaplan
Partner
Sidley Austin LLP

Angelo G. Savino
Chair, Professional Liability Practice Group
Cozen O'Connor

John W. Shaw
Partner
Berkowitz Oliver

Robert Stern
Partner
Orrick, Herrington & Sutcliffe LLP

  • Year’s highlights
  • Decisions and trends
  • Increasing regulatory environment and its impact on securities litigation
  • Key coverage issues
  • Uptick in securities class action filing trends this past year
  • Surge in IPO-related securities litigation
  • Omnicare: standards of liability for statements of opinion in registration statements are likely to come into play in IPO related lawsuits
  • Securities litigation trends in life sciences companies

9:55
Morning Break
10:05
Shareholder Activisim and Derivative Litigation, Including M&A Litigation brought Derivatively, and Side A Implications

Steven L. White
Senior Vice President Management Liability Claims
Aspen Insurance

Kara Altenbaumer-Price Esq.
SVP, Corporate Risk & Governance
USI Southwest

Anne Foster
Director
Richards, Layton & Finger, PA

John E. Failla
Partner
Proskauer Rose LLP

  • Have we seen an increase in shareholder derivative litigation?
  • Are shareholder suits unrelated to a securities class action on the rise?
  • Characteristics of M&A litigation brought derivatively versus brought as a class action
  • Impact of derivative suits on Side A
  • Novel strategies to settle derivative suits and the D&O insurance
    implications
  • Cybersecurity derivative suits

11:05
The Latest on Cyber Oversight Needed at the Board Level and Trends in Cyberbreach-Related D&O Cases (Public and Private)

Eric C. Scheiner
Partner
Sedgwick LLP

Thomas H. Bentz
Partner D&O and Management Liability Insurance Team
Holland & Knight LLP

Jacqueline A. Waters (Urban) Esq.
Managing Director & Practice Leader
Aon Risk Solutions, Financial Services Group

  • Handling cyber business interruption and cyber operational risks
  • Understanding at the board level what those operational risks are
  • Management procedures for preventing and addressing consequences when they do happen
  • Ensuring adequacy of a company’s cybersecurity measures
  • What is the board’s role in cybersecurity
  • Tracing the evolution of board oversight
  • Where are we today?
  • What does board preparedness mean for D&O underwriting and claims?
  • Predicting where the issues may arise and helping clients understand where the risks are
  • What types of cover are out there?
  • What are the limits of liability?
  • Which policy responds and how?
  • The potential for a significant wave of derivative and class action suits stemming out of cyber breaches
  • SEC’s focus on cybersecurity and cybersecurity disclosures

12:00
Networking Luncheon for Speakers and Delegates
1:00
In-House Panel on Identifying, Acquiring & Evaluating D&O Policies

Peter M. Kelly
Chief Employee Benefits Counsel
Blue Cross Blue Shield

Ronnie Brandes
Litigation Counsel
Marsh & McLennan Companies, Inc.

Michael Von Ohlen
Vice President, Legal Affairs
ConvaTec

Moderator:

Carl E. Metzger
Partner
Goodwin Procter LLP

1:55
Achieving Reasonable Expectations and Employing Effective Tactics in a Securities Class Action Mediation

Paul R. Bessette
Co-Chair, Securities Litigation Group
King & Spalding LLP

Steve Levine Esq.
First Vice President Claims Attorney Executive and Cyber Risk Practice
Alliant Insurance Services

Kimberly M. Melvin
Partner
Wiley Rein, LLP

  • Setting the table: pre-mediation calls and briefing to identify issues likely to impact your negotiating position
  • Showing up prepared: the advantages of being able to accurately
    articulate your counterparties’ arguments to show you understand their
    case
  • Managing expectations: when to posture and when to show your cards
  • Listening skills: how to draw out the issues and outcome needs that will drive mediation outcome; listening for unspoken signaling from the other parties to the mediation
  • Keeping the faith: maintaining trust and confidence through your
    discussions with the mediators and counterparties
  • Defining a successful outcome: how to build consensus towards an
    outcome everyone can accept

2:50
Afternoon Break
3:00
D&O Considerations for Private Equity and Hedge Funds

Timothy W. Burns
Partner
Perkins Coie

Caroline L. Crichton
Senior Claim Counsel
CNA Specialty Lines

  • Coverage considerations and strategies
  • Developing claims trends and underwriting issues
  • Hedge fund D&O

3:55
D&O in the World of Financial Institutions

Uri Dallal
Managing Director
Aon Risk Solutions

Evan Shapiro
Principal
Skarzynski Black LLC

  • 9 years later: has the insurance landscape changed, or are we going
    back to a pre-crisis type coverage?
  • How the onslaught of litigation brought about by the financial crisis has affected FI’s risk management scheme
  • Impact of recent changes and developments in policy wordings
  • Evaluating current D&O exposures in the post-financial crisis climate
  • Are exposures from whistleblower bounties on the rise?
  • What types of financial-crisis claims remain?
  • What have we learned about underwriting?
  • What have we learned about claims management?
  • What have we learned about the defense of claims?

4:50
Closing Deals with Reps and Warranties Insurance: Can This Product Co-Exist with D&O, Plus Trends, Challenges and What’s Next?

Maurice Pesso
Partner
White and Williams

Nancy D. Adams
Member
Mintz Levin Cohn Ferris Glovsky and Popeo PC

Matthew Heinz
Managing Director
Aon Transaction Solutions

  • Key drivers for the development of R&W insurance
  • Coverage for failed M&A deals
  • Key issues to address, including process and structure
  • Current market: opportunities and challenges with growth of the product
  • Claims: is the product responding?
  • What’s next: thoughts on the future
  • How can this product co-exist with D&O coverage?

5:45
Conference Ends