Global Executive Liability Insurance

Transcription

1 American Conference Institute s Advanced Forum on Global Executive Liability Insurance THE Roadmap for Assessing Risk, Coordinating Policies and Accounting for Country-Specific Considerations in a Time of Increasing Global Litigation and Enforcement November 12 & 13, 2008 The Carlton Hotel New York, NY With In-House Professionals From: ACE USA Aon Chubb Marsh Willis Zurich Hear from top brokers, carriers and other D&O and E&O experts on: How increased corporate governance, recent mass/class litigation and newly ramped-up regulatory efforts outside the US are impacting coverage of D&Os abroad Mastering the challenges associated with underwriting, quoting and binding out-of-country Coverage solutions for covering corporate executives in foreign jurisdictions where indemnification is prohibited by law Avoiding negative tax consequences in countries where non-admitted policies are allowed Implications of local legal requirements and restrictions on Board and executive liability Further enhance your knowledge by attending our intensive postconference workshop on: Creating a Global Program of Foreign Policies and a US Coverage Tower November 13, 2008 Establishing an on-the-ground framework for working with partners around the globe for effective underwriting and claims management Strategies for averting potential exposures for brokers and others with respect to possible E&O claims as a result of ineffective executive liability coverage Gain valuable, on-the-ground insights from D&O experts from Australia China France Germany Russia Japan India UK Spain The Netherlands Canada Brazil Mexico Switzerland US Media Partners: EARN CLE CREDITS Register Now AmericanConference.com/globalexec

2 Increased globalization, changing regulatory regimes and growing use of litigation have altered the playing field for corporate executives outside of the US... are your policies keeping pace? D&O coverage for US foreign subsidiaries and operations is in the spotlight like never before. D&O liability lawsuits are being brought in foreign jurisdictions at an unprecedented rate. Regulators around the world are stepping up their demands for compliance with local laws. Many jurisdictions are embracing so-called US-style litigation, notably in the areas of securities, environmental, and antitrust. Class and consumer action legislation is evolving rapidly in a number of countries, including the UK, France, Italy, Australia and the Netherlands, to name a few. These developments are hitting many US brokers and insurers with the realization that coverage for D&Os abroad may not be sufficient and in some cases, because of local laws and recent developments, may actually be non-existent. Leading carriers and brokers have been actively working to become intricately familiar with jurisdictions around the world where the presence of US foreign subs and ops, coupled with a rise in local litigation and regulation, mean that coverage has to be reworked, rethought and reoffered in a form that accounts for and covers rapidlyevolving risks. In response, ACI created this groundbreaking conference on Global Executive Liability Insurance. In developing this conference, ACI conducted extensive research with the leading brokers, carriers and other experts in this area, to deliver a conference that covers all the key issues, including: How the rise of class, mass, representative, group and collective actions outside of the U.S. is developing and impacting D&O underwriting and claims Solutions for covering corporate executives in foreign jurisdictions where indemnification is prohibited by law Paying proceeds legally into foreign jurisdictions: procedures to follow to avoid possible complications Practical strategies for managing multi-country claims arising from the same incident To ensure you get complete coverage of all the issues, we ve assembled a faculty that includes lawyers from key jurisdictions all over the world, plus seasoned brokers and carriers with hands-on experience in dealing with global executive liability. We think you ll agree that it s two days out of the office extremely well spent! Places will go quickly for this unique event, so register now. We look forward to seeing you at the conference in New York. FACULTY ADVISORY PANEL Lee Lindsay International Product Advisor Directors and Officers Liability Insurance Aon Risk Services Inc. (Denver) Fred Murnane Zurich North America (New York) Eugene C. (Tripp) Sheehan Managing Director, FINPRO US D&O Practice Leader Marsh Inc. (Boston) Keith J. Slattery Partner Debevoise & Plimpton (New York) Partner Reynolds Porter Chamberlain LLP (London) Carol Zacharias Chief Counsel, Professional Risk ACE USA (New York) DISTINGUISHED FACULTY Ann Longmore Executive Vice President Willis Executive Risks Practice (New York) Bill Coff in Director of Publications, Risk and Insurance Management Society, Inc. Publisher & Editorial Director, Risk Management Magazine (New York) Dr. Oliver Sieg Nörr Stiefenhofer Lutz (Dusseldorf ) Hans Londonck Sluijk Houthoff Buruma (Amsterdam) Sarah Xerri-Hanote Vovan et Associés (Paris) Jorge Angell LC Rodrigo Abogados (Madrid) Alexander Mednikov Jurinflot (Moscow) Richard Midgley Moray & Agnew (Melbourne) Edward E. Lehman Lehman, Lee & Xu (Beijing) Carol Hansell Davies, Ward, Phillips & Vineberg (Toronto) Luiz Eduardo Arena Alvarez Arena Alvarez Advogados (Sao Paulo) Miguel Peralta Basham, Ringey Correa SC (Mexico City) Nilam Sharma Crowell & Moring (London) Yasuhiro Saito Hughes Hubbard & Reed (New York) Perry S. Granof Vice President & Claims Counsel Chubb & Sons (Chicago) Martin Strnad Legal Counsel Europe Zurich Insurance Company (Zurich) Keith J. Slattery Debevoise & Plimpton LLP (New York) Reynolds Porter Chamberlain LLP (London) Jack C. Auspitz Morrison & Foerster (New York)

3 NOVEMBER 12, :00 Registration Desk Opens and Continental Breakfast Served 9:00 Co-Chairs Opening Remarks Carol Zacharias Chief Counsel, Professional Risk ACE USA (New York) Reynolds Porter Chamberlain LLP (London) 9:15 Impact of Increasing Global Enforcement, Litigation and Shareholder Activity on the Executive Risk Landscape Ann Longmore Executive Vice President Willis Executive Risks Practice (New York) Bill Coff in Director of Publications, Risk and Insurance Management Society, Inc. Publisher & Editorial Director Risk Management Magazine (New York) Jack C. Auspitz Morrison & Foerster (New York) Global trends in corporate governance - most/least active regions - drivers for increase/decrease in regulations - comparison of regulatory regimes across regions Accountability standards globally: where do we stand? Shareholder litigation and impact on global executive risk particularly for multinationals How the internationalization of media affects D&O risk profiles Impact of the exportation of US-style class, mass and other group and collective actions on risk assessment Case studies: recent decisions, judgments and penalties impacting D&O policies around the world Outlook for global coverage rates Industry-specific risk profiles across regions where are the biggest liabilities now? Worldwide claims trends over the past 12 months What multi-national purchasers are looking for: new opportunities for coverage How policy structures, terms and conditions are changing with new globalization considerations 10:15 Coffee Break 10:30 Underwriting, Quoting and Binding Out of Country: Practical Strategies for Overcoming Critical Challenges Associated with Local/ Non-Local Polices, Indemnification and Tax Lee Lindsay International Product Advisor Directors and Officers Liability Insurance Aon Risk Services Inc. (Denver) Carol Zacharias Chief Counsel, Professional Risk ACE USA (New York) Fred Murnane Zurich North America (New York) Local policies v. non-admitted policies; indemnification restrictions, taxation provisions These critical considerations can cause major headaches for brokers, carriers and their insureds if they aren t properly taken into consideration and strategically handled at the outset. This valuable session will provide a strategic plan of action for addressing all key considerations and avoiding pitfalls to ensure coverage is legal, viable and meets corporate needs. Overcoming trouble spots in foreign jurisdictions: evaluating - requirements regarding local policies - permissibility of claims-made coverage - aggregation of multiple policy limits - non-admitted coverage: primary, excess, excess DIC/DIL master policies Claims management - impact of choice of jurisdiction/choice of law provisions - how can the non-local adjuster or attorney play a role? - master policy v. standardized regional policy v. local policy: critical determinations that impact claims later Ensuring that translation issues don t arise - which governs: policy in local language or the translation? - getting agreement as to how policy will be translated Understanding tax obligations of the US company in countries where non-admitted policies are allowed Determining what portion of premium is allocated for tax purposes Collection and payment of premium tax: what s the impact on the premium? Indemnification - key differences between US and other countries and impact on D&O coverage and claims - dealing with jurisdictions where indemnification is prohibited by law - what steps have to take place for indemnification to occur? - when indemnification by US-based parent company to individuals in non-us jurisdictions can adversely impact the company - parental indemnification: how carriers are putting together coverage that sidesteps some of the key indemnification problems 12:15 Networking Luncheon for Delegates and Speakers Expand Your Network The complimentary ACI Alumni Program is designed to provide returning delegates with unique networking and learning opportunities beyond the ALUMNI scope of their conference experience. Highlights include: Search for and contact fellow Alumni Post a question or look for answers in our Industry Forums Join a live Industry Chat in progress Build your own community Earn Forum points towards free conferences & workshops Expand your Network at

4 Spotlight on Global Executive Liability in Key Regions Each regional panel will provide practical information about the D&O insurance and litigation landscape in their respective countries, with a special focus on: Licensing requirements for brokers, adjusters Is a local broker required? Allowability of non-admitted policies Analysis of local legal requirements for board structure, responsibilities (and potential liabilities) of D&Os Timing of premium payments, allowability of backdating Must have/great-to-have terms, conditions, exclusions Who may bring suit and in what circumstances? Allowability/presence of class action statutes/litigation Is indemnification permitted? To what degree? Where law is silent on indemnification, how are local authorities interpreting it? Freedom of Services directive: conflict with local laws of EU members states (to be discussed by Europe Regional Panel only) Advancement of defense costs: Allowable? To what degree? Paying proceeds legally into the jurisdiction: procedure, possible complications Local fines, penalties and criminal prosecutions: an overview Claims update 1:15 Europe & Russia Reynolds Porter Chamberlain LLP (London) Dr. Oliver Sieg Nörr Stiefenhofer Lutz (Dusseldorf ) Hans Londonck Sluijk Houthoff Buruma (Amsterdam) Sarah Xerri-Hanote Vovan et Associés (Paris) Jorge Angell LC Rodrigo Abogados (Madrid) Alexander Mednikov Jurinflot (Moscow) 3:30 Afternoon Refreshment Break 3:45 Australia, China, Japan and India Richard Midgley Moray & Agnew (Melbourne) Edward E. Lehman Lehman, Lee & Xu (Beijing) Yasuhiro Saito Hughes Hubbard & Reed (New York) Nilam Sharma Crowell & Moring (London) NOVEMBER 13, :00 Continental Breakfast 9:00 Co-Chairs Recap and Remarks 9:05 Americas Carol Hansell Davies, Ward, Phillips & Vineberg (Toronto) Luiz Eduardo Arena Alvarez Arena Alvarez Advogados (Sao Paulo) Miguel Peralta Basham, Ringey Correa SC (Mexico City) 10:45 Coffee Break 11:00 Developing Policies, Managing Claims: Creating a Framework for Working with Partners Around the Globe Eugene C. (Tripp) Sheehan Managing Director, FINPRO US D&O Practice Leader, Marsh Inc. (Boston) Perry S. Granof Vice President & Claims Counsel Chubb & Sons (Chicago) Martin Strnad Legal Counsel Europe Zurich Insurance Company (Zurich) Establishing the framework for local management of policies Assessing experience of local advisors: tools for validating Working effectively with local brokers to ensure you re on the same page Tips for ensuring effective communication Using local adjusters, claims managers in conjunction with US adjusters and counsel Managing and coordinating multi-country claims arising from the same incident 12:15 E&O Claims Against Brokers and Carriers in the Wake of Rapidly Changing Local Legal Requirements Keith J. Slattery Partner, Debevoise & Plimpton LLP (New York) With the problems that have arisen where US companies (and their brokers) thought they had coverage for their foreign operations but didn t, because of a required local policy that wasn t obtained, or for other reasons has come the possibility of legal actions based on errors and omissions. In this session, join a discussion as to what types of exposures the industry is facing, and what some of the claims and litigation have focused on to date. Get important information that will enable you to protect yourself and your client going forward! 1:00 Q&A Wrap-Up and Conference Concludes 5:45 Day One Concludes

5 Post-Conference Workshop 2:15 pm - 5:30 pm Creating a Global Program of Foreign Policies and a US Coverage Tower Now that you ve attended the main conference and learned all challenges and considerations that go with covering your executives in key jurisdictions around the world, it s time to put it all together in this roll-up-your-sleeves, interactive workshop. Together with our experienced workshop leaders, you ll work through the underwriting, placing and analysis of the complex multinational account, from the first questions to policy issuance abroad. Get valuable strategies that will enable you to coordinate coverage across multiple jurisdictions and develop an integrated US tower. Topics will include: Steps for analyzing local presence around the world: - local subsidiaries or local affiliates - local and outside directors and officers - dealing with different types of corporate entities Assessing the local liability environment and its impact on coverage design and terms and conditions Local indemnification of local executives v. parental indemnification of local executives: advantages and disadvantages of each and making the right call Ability to provide non-admitted insurance - application information - handling claims under non-admitted programs - claims payments to parent company - special considerations for side A coverage Necessity of local coverage - application process - premium billing and payment - policy issuance - reconciling inconsistent terms and conditions - shared or separate limits and deductibles - translations - claims handling and payments - parent policy as DIC/DIL or Excess - FOS coverage Be sure to take advantage of this one-of-a-kind opportunity to work through all the issues with plenty of real-life scenarios and practical examples. WHO YOU WILL MEET Underwriters Claims Managers Brokers Product Leaders Corporate Counsel/ Risk Managers AMERICAN CONFERENCE INSTITUTE: The leading networking and information resource for counsel and senior executives. Each year more than 21,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events and the numbers keep growing. Guaranteed Value Based on Comprehensive Research ACI s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of our conferences based on comprehensive research with you and others facing similar challenges. We speak your language, ensuring that our programs provide strategic, cutting edge guidance on practical issues. Unparalleled Learning and Networking ACI understands that gaining perspectives from and building relationships with your fellow delegates during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible. CONTINUING LEGAL EDUCATION CREDITS CLE CREDITS Attorneys Specializing in: - D&O Insurance - Securities Litigation/ Enforcement - White Collar Crime Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board in the amount of 11.5 hours. An additional 3.5 credit hours will apply to workshop participation. ACI certifies that this activity has been approved for CLE credit by the State Bar of California in the amount of 9.5 hours. An additional 3.25 credit hours will apply to workshop participation. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. The Risk and Insurance Management Society, Inc. (RIMS) is a not-for-profit organization dedicated to advancing the practice of risk management. Founded in 1950, RIMS represents more than 4,000 industrial, service, nonprofit, charitable, and governmental entities. The Society serves more than 10,700 risk management professionals around the world. RIMS offers leading industry resources, educational experiences and networking opportunities for risk managers and executives in relevant functions who own risk management responsibilities, including compliance, I.T., finance and treasury, legal, operations and security. For more information on the Risk and Insurance Management Society, visit GLOBAL SPONSORSHIP OPPORTUNITIES ACI, along with our sister organization based in London, C5 Conferences, works closely with sponsors in order to create the perfect business development solution catered exclusively to the needs of any practice group, business line or corporation. With over 350 conferences in the United States, Europe, the Commonwealth of Independent States (CIS) and China, ACI/C5 Conferences provide a diverse portfolio of first-class events tailored to the senior level executive spanning multiple industries and geographies. For more information about this program or our global portfolio of events, please contact: Wendy Tyler Group Leader & Business Development Executive, American Conference Institute Tel: x242 Fax: [email protected] American Conference Institute, 2008

6 American Conference Institute s Advanced Forum on Global Executive Liability Insurance THE Roadmap for Assessing Risk, Coordinating Policies and Accounting for Country-Specific Considerations in a Time of Increasing Global Litigation and Enforcement Interactive Workshop: Creating a Global Program of Foreign Policies and a US Coverage Tower November 13, 2008 November 12 & 13, 2008 The Carlton Hotel New York, NY PRIORITY SERVICE CODE: S REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: D&O Underwriter/Product Manager/Claims/Counsel 5 Easy Ways to Register MAIL American Conference Institute 41 West 25th Street New York, NY PHONE FAX ONLINE AmericanConference.com/globalexec CONFERENCE CODE: 710I09-NYC YES! Please register the following delegate for the Global Executive Liability Insurance NAME POSITION APPROVING MANAGER POSITION ORGANIZATION ADDRESS CITY STATE ZIP CODE TELEPHONE FAX TYPE OF BUSINESS FEE PER DELEGATE Register & Pay by Sep 15, 2008 Register & Pay by Oct 15, 2008 Register after Oct 15, 2008 Conference Only $1895 $1995 $2195 Conference & Workshop $2495 $2595 $2795 I would like to add copies of the conference materials on CD-ROM to my order - $299 each I cannot attend but would like information regarding conference publications Please send me information about related conferences PAYMENT Please charge my VISA MasterCard AMEX Please invoice me Number Exp. Date Signature (for credit card authorization and opt-in marketing) I have enclosed my check for $ made payable to American Conference Institute (T.I.N ) Hotel Information American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the ACI conference to receive this rate: VENUE: The Carlton Hotel ADDRESS: 88 Madison Avenue, New York, NY RESERVATIONS: Registration Fee The fee includes the conference, all program materials, continental breakfasts, lunches, refreshments and complimentary membership of the ACI Alumni program Payment Policy Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary or remove/restrict access to the ACI Alumni program and will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date, content, speakers, venue or arising from the use or unavailability of the ACI Alumni program Incorrect Mailing Information If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at , or [email protected]. CONFERENCE PUBLICATIONS To reserve your copy or to receive a catalog of ACI titles go to or call SPECIAL DISCOUNT We offer special pricing for groups and government employees. Please or call for details. Promotional Discounts May Not Be Combined. ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please or call customer care.