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Private Company and Non-Profit D&O Claims Activity

Private Company and Non-Profit D&O Claims Activity. Private Company and Non-Profit D&O Claims Activity. MODERATOR: Debbie Schaffel, Aon Financial Services Group PANELISTS: Jeff Klenk , Travelers Bond & Financial Products Keith Freid , Chartis Carl Metzger, Goodwin, Procter, LLP

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Private Company and Non-Profit D&O Claims Activity

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  1. Private Company and Non-Profit D&O Claims Activity

  2. Private Company and Non-Profit D&O Claims Activity MODERATOR: Debbie Schaffel, Aon Financial Services Group PANELISTS: Jeff Klenk, Travelers Bond & Financial Products Keith Freid, Chartis Carl Metzger, Goodwin, Procter, LLP William F. Ryan, Jr., Whiteford Taylor Preston, LLP

  3. An individual investor could buy shares in which of the following companies over the Internet. Apple eHarmony General Motors Facebook Twitter All of the above None of the above 14% 17% 15% 14% 14% 11% 15% Audience Polling 0 • a) Apple • b) eHarmony • c) General Motors • d) Facebook • e) Twitter • f) All of the above • g) None of the above • An individual investor could buy shares in which of the following companies over the Internet.

  4. The Bernard Madoff Litigation Trust has been trying to “claw-back” profits which were allegedly made through improper dealings with Madoff Investments, LLC. As of March 2011, how much, if any, was the trustee able to claw-back from charities and non-profit organizations? Nothing $5m $35m $80m $125m 21% 22% 17% 22% 19% Audience Polling 0 • Nothing • $5m • $35m • $80m • $125m • The Bernard Madoff Litigation Trust has been trying to “claw-back” profits which were allegedly made through improper dealings with Madoff Investments, LLC. • As of March 2011, how much, if any, was the trustee able to claw-back from charities and non-profit organizations?

  5. According to the 2010 Towers Watson D&O Survey of Insurance Purchasing, 29% of public companies reported having a claim in the past 10 years. What percent of private companies reported having a claim during that same time period? 0% 53% 26% 10% 7% 21% 19% 17% 23% 19% Audience Polling 0 • 0% • 53% • 26% • 10% • 7% • According to the 2010 Towers Watson D&O Survey of Insurance Purchasing, 29% of public companies reported having a claim in the past 10 years. • What percent of private companies reported having a claim during that same time period?

  6. Which one is private? Dell - $40m settlement despite winning motion to dismiss Hilton Hotels - $75m lawsuit alleging corporate espionage MBNA - $25m for failing to disclose true financial condition RAIT Financial Trust - $32m alleging omissions about credit underwriting 18% 33% 25% 24% Audience Polling 0 Which one is private? • a) Dell - $40m settlement despite winning motion to dismiss • b) Hilton Hotels - $75m lawsuit alleging corporate espionage • c) MBNA - $25m for failing to disclose true financial condition • d) RAIT Financial Trust - $32m alleging omissions about credit underwriting

  7. Which of the following do create liability for privately held companies? a) Packers & Stockyards Act b) Fair and Accurate Credit Transactions Act c) Commodities and Futures Trading Commission d) Customs and Border Protection Agency e) Dodd-Frank Act f) All of the above g) None of the above 14% 13% 17% 18% 14% 13% 13% Audience Polling 0 a) Packers & Stockyards Act b) Fair and Accurate Credit Transactions Act c) Commodities and Futures Trading Comm. d) Customs and Border Protection Agency e) Dodd-Frank Act f) All of the above g) None of the above Which of the following do create liability for privately held companies ?

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