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D&O
Insurance Conference
May 25, 2004
The Ritz-Carlton Boston Common, Boston
Conference Chaired
by
Joseph M. McLaughlin, Esq., Simpson Thacher & Bartlett LLP,
New York
William
G. Passannante, Esq., Anderson Kill & Olick, P.C., New York
Conference
Agenda
Tuesday, May
25, 2004
12:30
Conference Registration
1:00
Introduction and Opening Remarks
Joseph M. McLaughlin, Simpson Thacher & Bartlett
LLP, New York
William G. Passannante, Anderson Kill & Olick, P.C., New York
1:15
Current Issues In Directors and Officers Liability Insurance
• Can directors and officers recover attorneys’ fees to enforce
corporate indemnities?
• Analysis of the “hot” coverage issues under the D&O
policy – rescission, severability and other exclusions
• What does a denial of coverage mean for the policyholder?
• Indemnification and advancement
R. Nicholas Gimbel, McCarter & English, LLP,
Philadelphia
Daniel Aronowitz, Shaw Pittman LLP, McLean, VA
Susanne Murray, Hilb Rogal & Hobbs, New York
2:30
Coffee Break
2:45
D&O Liability Insurance and Sarbanes-Oxley – On a Collision
Course?
• Does SOX establish new fiduciary standards the breach of which
create new D&O liabilities?
• Does SOX preempt state laws on D&O fiduciary duties for public
corporations?
• Does SOX establish D&O standards applicable to private companies?
Costa N. Kensington, Anderson Kill & Olick,
P.C., New York
John A. Doernberg, Carpenter Moore Insurance Services, Inc., Cambridge,
MA
David B. Williams, Vice President, Chubb & Son Inc., Chubb Specialty
Insurance, Boston, MA
4:00
The Use of Special Litigation Committees In Derivative Actions
• When to form one
• Composition of the Committee
• How to conduct the investigation
• Preparation of the report that will survive judicial scrutiny
Joseph M. McLaughlin, Simpson Thacher & Bartlett
LLP, New York
5:00
Coverage for Late Trading and Market Timing: D&O and E&O Coverage
• Who is insured?
• What is the definition of a “claim”?
• Is a regulatory investigation a “claim”?
• What is the carrier’s obligation to advance defense costs?
- Is this dependent on whether there has been a “claim” or
merely circumstances that could result in a potentially covered “claim”?
• Must the carrier consent to the incurrence of defense costs?
- Must the consent be in writing or not, and under what circumstances
can the carrier withhold consent?
• What are the parameters of a carrier’s investigation of
the availability of coverage?
• What is the insured’s obligation to cooperate with a carrier’s
investigation of the claim?
• What constitutes potentially covered “loss”?
- Are payments made to compensate a mutual fund considered damages that
constitute a covered “loss”?
- What about “disgorgement” and “restitution” —
are such payments covered “loss”?
Matthew L. Jacobs, Kirkpatrick & Lockhart,
LLP, Washington, DC
5:30
Adjourn
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Registration
Fee
The registration fee includes continental breakfast, attendance at all
conference sessions, a copy of the conference handbook on CD, and a
coffee break. The registration fee is $495/$450 if attending Mealey’s
Additional Insured Conference for the first attendee.
How
to Register
Fax is the best way to enroll, please fax this form to (610)768-0303,
or call 1-800-MEALEYS, (610)768-7800, e-mail mealeyseminars@lexisnexis.com
or mail this form with payment to Mealey Publications, P.O. Box 62090,
King of Prussia, PA 19406-0230. Receipt of payment guarantees your registration.
Special
Discounts
• Additional registrants from the same firm or company — Case
by case basis
• Government employees — one third off — $350
• Sitting judges — attend free
• Paralegals — two thirds off — $200
Special
Needs
Should you have any special needs, please contact Mealey’s at least
three weeks prior to the conference, to allow us time to make reasonable
accommodations.
Hotel
Accommodations
The Ritz-Carlton, Boston Common is located at 10 Avery Street, just
30 minutes from Logan International Airport. Attendees should make reservations
directly with the hotel by calling (617) 574-7100. When making reservations,
indicate that you are attending Mealey’s D&O Insurance Conference,
May 25, 2004. A block of rooms has been reserved for attendees at a
rate of $225 a night for a single or double room. The cut-off date for
this rate is May 3. After that date, this rate will be offered based
on space availability. Please note, there are a limited number of rooms
in our room block so make your reservations early.For
alternative hotels and rates, please call us at (610) 768-7800.
Cancellation
Policy
Registrants who cancel on or before May 11 will receive a full refund.
Registrants cancelling from May 12-18 will receive a full credit towards
another Mealey’s conference. Cancellations made after May 18 will
be subject to a 25% administrative fee; the remaining amount will be
credited towards another Mealey’s conference. Credits must be used
within one year of the date of issuance. Substitutions may be made at
any time.
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