1 / 10

Directors & Officers Strategies for Turbulent Times

Directors & Officers Strategies for Turbulent Times. September 28, 2010 Tort Trial & Insurance Practice Section Self Insurers and Risk Managers Committee. Panel. Moderator: Daniel Spragg Alvarez & Marsal Risk Management Advisory Jerry Edmonds, Esq. Williams Kastner & Gibbs, PLLC

george
Download Presentation

Directors & Officers Strategies for Turbulent Times

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Directors & Officers Strategies for Turbulent Times September 28, 2010 Tort Trial & Insurance Practice Section Self Insurers and Risk Managers Committee

  2. Panel • Moderator: Daniel Spragg • Alvarez & Marsal Risk Management Advisory • Jerry Edmonds, Esq. • Williams Kastner & Gibbs, PLLC • Chris Mower • Aon Risk Services, Financial Services Group • Michael D. Price • Arch Insurance Group, Executive Assurance Division

  3. Program Objectives • Identify critical issues for D&O’s of companies in transition including: M&A, Restructuring, Bankruptcy. • Provide examples of issues experienced and strategies used to maximize protection and reduce costs. • Provide various perspectives on the issues from the perspective of the risk manager, attorneys, brokers, and carriers. • Keep it an open discussion where your interests can be addressed and questions answered .

  4. Introduction • Focus on Directors & Officers coverage in the current environment. • Transactions that highlight D&O focus and exposure. • M&A • Restructuring \ Bankruptcy • Independent Directors • Shareholder Revolt • Foreign Expansion

  5. The Process • When are D&O issues identified? • Who drives the process in transactions? • Communications between key players • Lawyers • Brokers • Consultants \ CRO • Conflict of Interest Issues.

  6. Key Concerns of Stakeholders • D&Os (Past, Present, Future) • M&A Buyers & Sellers • Structure of the Deal Impacts. • How do Underwriters look at the deal? • Bankruptcy Estate • Trustee • Creditors • Court

  7. Coverage and Bankruptcy • Pre-Bankruptcy Coverage is Key • Change in Control Trigger • Insured vs. Insured Issues • Deepening Insolvency & Other Unique Exposures

  8. Common Issues \ Tactics • D&O Tail Coverage • ERP vs. Tail • Timing & Payment • Brokerage, Underwriting & Cost • Debtor in Possession Coverage • Notice of Circumstance

  9. Common Issues \ Tactics • Indemnification • Importance of wording, terms, jurisdiction • For D&Os of Acquired Company • In Bankruptcy • Side A

  10. Q&A • Contact Info: • Dan Spragg: dspragg@alvarezandmarsal.com • Chris Mower: chris.mower@aon.com • Mike Price: miprice@archinsurance.com • Jerry Edmonds: jedmonds@williamskastner.com

More Related