2018 PLUS Conference Preview: Everything is D&O (But Didn’t Use to Be)

Here is our last exclusive preview of one of the stellar education panels happening at the PLUS Conference in just a few days. Keep an eye out for conference coverage on the blog, as well as on the PLUS twitter and the PLUS Instagram accounts. Use #PLUS2018 to join the conversation!

This panel will cover how the #MeToo movement is changing how companies react to and handle sexual conduct issues, and how this affects claims, coverage, and more. Dove Burns will be moderating this session on Friday, November 9. Panelists for this session include Kristine D’Amato, Tony Galban, Eric Sauter, and Carol Zacharias.

Below is a summary of the panel as well as a white paper by panel moderator Dove Burns. The conference begins on Wednesday, November 7—we hope to see you in San Diego!

Friday, November 9, 3:00 pm – Everything is D&O (but didn’t use to be) / #Metoo

With the #MeToo environment creating hysteria in the boardroom, companies are paying closer attention to sexual conduct issues and using extreme measures to enforce a non-hostile environment. As a result of this movement, new legislation may be enacted, extending limitation periods and creating additional duties on companies and executives. This presentation will discuss loss controls, how companies mitigate claims and promote inclusiveness among executives as well as employees in the workplace.

Moderator: Dove A. E. Burns, Partner, Obermayer, Rebmann, Maxwell & Hippel, LLP

Panelists:

Kristine D’Amato, Director, Executive Risk Claims, Crum & Forster

Tony Galban, SVP, D&O Product Manager, Chubb North American Financial Lines

Eric Sauter, Esq., Partner, Wilson Elser

Carol Zacharias, Underwriting Counsel, QBE

White paper: The Weinstein Effect (CLM Magazine, April 2018)

2018 PLUS Conference Preview: D&O Cryptocurrency & Blockchain

Next week is the start of the 2018 PLUS Conference, and we have our second to last education session preview. Keep an eye on the blog for a final exclusive preview as well as daily updates as the conference gets underway.

This panel will take place on Thursday, November 9, and will be moderated by Shanda Davis. The session will focus on the challenges that Initial Coin Offerings (ICOs) can pose to the D&O industry and what you can do to stay ahead of the curve. Panelists for this session include Scott Diamond, Claudette Kellner, Garrett Koehn, and Brian Mukherjee.

Below is a summary of the panel as well as a white paper on virtual currencies. The conference is coming up quickly, and you won’t want to miss the incredible education and networking opportunities. There’s still time to register, but the window is closing fast, so register now and join your colleagues at the PLUS Conference in San Diego next week!

Thursday, November 8, 3:00 pm – D&O Cryptocurrency & Blockchain

Initial Coin Offerings (ICOs) are more than a trend. In the last few years, companies have raised over $10B selling digital coins or tokens through ICOs and the phenomenon has attracted a deluge of attention from regulators, investors, entrepreneurs, and even some mature companies looking to crowdfund off of the digital craze. For the D&O industry, ICOs present new challenges in terms of coverage, pricing and risk. In this session, the panelists will discuss the current state of ICOs, the regulatory environment, coverage trends and what’s next.

Moderator: Shanda Davis, D&O Product Manager, Travelers

Panelists:

Scott Diamond, Managing Partner, Chicago Digital Asset Network

Claudette Kellner, National Product Leader Public D&O, CNA

Garrett Koehn, Regional Director, Western U.S., CRC Insurance Services Inc.

Brian Mukherjee, Counsel, Goodwin Procter, LLP

White paper: A CFTC Primer on Virtual Currencies (CFTC, October 2017)

2018 PLUS Conference Preview: New D&O Exposures & Coverage Trends in Underwriting

The annual PLUS Conference is just a little more than a month away, and this year’s event has an incredible array of speakers, panels, and education sessions. Here is an exclusive look at one of the panels happening at the conference.

Kevin LaCroix, RPLU and author of the D&O Diary, will be moderating a panel on Thursday, November 8, on the wide array of new D&O exposures as well as how underwriters are tackling these new coverage trends. Panelists Nora McGee, Vice President, AIG, and Cathy Padalino, Senior Vice President, Aon, will discuss how these new exposures are currently affecting the industry and what we can expect to see going forward.

Below is the full panel summary and white papers from Kevin LaCroix’s D&O Diary blog. Keep an eye out for future blog posts with previews of panels and sessions happening at the conference so you can get the most out of this incredible event. If you haven’t registered yet, claim your spot now— see you in San Diego!

Thursday, November 8, 9 a.m.– New D&O Exposures & Coverage Trends in Underwriting

Directors & officers of publicly traded companies have never faced more uncertain times than they do today. Emerging exposures, disruptions to traditional business models, ever-changing regulations, new Supreme Court decisions, #MeToo and the Internet of Things continue to make this big world smaller and smaller. The panel will look closely at new and trending exposures – from both traditional and new sources globally and review which D&O claims are most surprising and most anticipated in today’s landscape. Trends in both federal securities class actions and derivative actions will be discussed along with developments in regulatory enforcement actions. Rising exposures by industry, including pharma, energy and healthcare along with uncertainty created by expanding SEC jurisdiction for ICOs, increasing required guidance in areas like cyber, and the SEC’s ever- increasing use of administrative proceedings in adjudicating enforcement actions offer much to consider. In addition, the rising of a new plaintiff’s bar brings its own implications of what is filed and where. Finally, how do Blockchain and Artificial Intelligence fit into this picture? Are we seeing D&O claims in these areas? Are companies addressing potential exposures within their governance guidelines? The panel will attempt to harness the latest burgeoning set of exposures faced by corporate directors and officers and address the implications for coverage under the Directors’ & Officers’ D&O insurance policy. Subjects including new exposures, claims, jurisdiction, case law, coverage triggers, potential claims issues along with new coverage enhancements will be covered.

Moderator: Kevin LaCroix, RPLU
Executive Vice President, RT ProExec, RT Specialty

Panelists:
Nora McGee
Vice President, AIG
Cathy Padalino
Senior Vice President, Aon

White Papers:

1. Yahoo Settles Data Breach-Related Securities Suit for $80 million

2. Massive Derivative Suit Settlement for Alleged Management Failure to Prevent Sexual Misconduct

3. Do Privacy Issues Represent the Next Big D&O Liability Exposure?

4. Investor Files Sexual Misconduct-Related D&O Claim Against Wynn Resorts Board

5. We Need to Talk About ICOs, Cryptocurrency, and Blockchain