This Top Ten discusses considerations for managing your risks before finalizing a plan for a United States capital improvement project.
This article explores why vague contractual terms are routinely used, explains how they have been inconsistently interpreted by the courts, and offers some practical tips to minimize the havoc ambiguous terms can wreak.
This primer is a a guide for volunteer directors of charities, cause organizations, trade nonprofit organizations, professional societies and other nonprofit organizations.
In-house attorneys are often engaged in matters involving insurance issues, such as risk management, insuring real and personal property, or negotiating deals where liability or other types of insurance are required by the company. However, attorneys in small departments are often less knowledgeable about the insurance policies currently available and the coverage they provide. Attend this session to learn: What is risk management and why should every in-house lawyer care? What are the different types of insurance available to the enterprise? Should legal be involved in the procurement and/or review of the company’s insurance program and claims process? The session will provide an overview of the claims adjustment process with pointers to successfully navigate insurance claims, so that you will have peace of mind regarding your company’s insurance program.
Your customers and fans can be your biggest assets when it comes to championing your brand or products, or they can be your harshest critics, infringe on your IP rights and damage your brand. How do you take advantage of positive content they create and share without putting your company at risk? How do you protect yourself from the negative content? This panel will address the liability concerns around the use of user-generated content, including IP protection and infringement, Federal Trade Commission guidelines, rights of publicity and defamation. It will provide insights into safe harbors of the Digital Millennium Copyright Act and Communications Decency Act, and ways to obtain consent. It will also address factors to consider based on the terms and conditions of the most popular social media sites (Facebook, Twitter, Instagram).
Bad news hits front pages and TV screens every week: Ever-larger data breaches affect millions of trusted companies' customers. The good news is the buyer’s market for cyber insurance; businesses can shop not only on the basis of price but for policy terms that cover actual risks. Traditional lines of coverage (including crime, property, general liability and directors and officers) can provide coverage when a breach occurs, although new exclusions are pushing more businesses toward specialty policies. In this evolving market, it’s essential to analyze existing coverage and terms offered in competing cyber policies. This session will spotlight key policy provisions to demand and others to avoid. The panelists will view cyber insurance in the risk management context, including prevention and post-breach planning. They will outline an approach to cyber security equally focused on human factors: building staff awareness and the right protocols.
A list of ACC legal resources related to each session presented at the Risk Management Track of the Mini MBA Business Education course held at Boston University.
This article was written after a mini roundtable where participants answered questions regarding D&O insurance for privately held companies, private equity and non-profits.