Overview (Program Summary)
Session 1 - 9:00 a.m. - 10:00 a.m.
"Filling the Gap: A Pathway to Stronger and More Secure Contractual Terms"
Presented by Blank Rome LLP
Clients (and their counsel) rely on contractual language to protect them and define their relationship with other parties. But what happens when larger contextual issues, or drafting errors, erode that protection when it is needed most? This cross-disciplinary panel of private and in-house counsel will discuss situations in which over-reliance on certain contractual terms can lead to unintended complications; it will also share best practices and practical considerations to avoid these pitfalls.
- Jennifer J. Daniels, Partner, Blank Rome LLP
- Jeffrey N. Rosenthal, Partner, Blank Rome LLP
- Tracy Rolph, Deputy GC, Privacy and Legal Information Security, Comcast
Session 2 - 10:30 a.m. - 11:30 a.m.
"Maximizing Insurance Recovery Under Your Directors & Officers Insurance Policy for Costs Incurred Responding to Government Subpoenas"
Presented by Flaster Greenberg PC
Will your D&O insurer step up to defend your company if it receives a Department of Justice subpoena? Government subpoenas are often unexpected and require a swift and sometimes costly response. To add insult to injury, insurance companies can be quick to deny claims made under D&O policies. The language of the subpoena, the terms of the policy and the governing law all affect whether a claim should be paid. Our panel will examine the contractual language most likely to give rise to a coverage dispute and how your company can best position itself to prevail. From a coverage perspective, we will also provide an overview of what to expect when you receive a government subpoena or similar investigative inquiry, how D&O policies are triggered in this context, what to do when a claim is denied, and how to maximize coverage for the costs ultimately incurred.
Arthur Armstrong, Esq., Shareholder, Insurance Counseling and Recovery Group, Flaster Greenberg PC
Alyssa Nobile Pianelli, Esq., Vice President, Financial Services Group – Legal and Claims, Commercial Risk Solutions, Aon
Jeremy Menkowitz, Esq., Senior Deputy General Counsel, Comcast Corporation
Session 3 - 12:00 p.m. - 1:00 p.m.
"Arbitration Provisions and Class Action Waivers - How and When to Effectively Use Them to Minimize Exposure, Legal Fees and Bad Press"
Presented by Obermayer Rebmann Maxwell & Hippel LLP
Currently, State legislators are in a battle with the Federal Government to limit the effect of the Federal Arbitration Act’s broad sweeping policy of enforcing arbitration agreements and class-action waivers. This program will explore the current state of the law on enforceability of such provisions. We will also explore the pros and cons of their use, how to effectively use them, where to include them, pitfalls in drafting them, and practical considerations for their use.
Matthew Green – Partner, Obermayer Rebmann Maxwell & Hippel LLP
Phillip Mellet -- General Counsel and CAO at Healthpilot
Charles Shute – Of Counsel, Obermayer Rebmann Maxwell & Hippel LLP
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