White Papers
Hot Topics
In the Industry
Beecher Carlson employs some of the top minds in the industry who have developed an informative and riveting collection of white papers. Take time to explore the library and contact us with questions. All white papers are in
Adobe PDF format.
This brief examines some of the current issues impacting D&O insurance that were raised at a recent discussion group co-moderated by Steve Anderson, Executive Managing Director of Beecher Carlson's Executive Liability Practice, at Corporate Board Member’s 5th Annual Boardroom Summit held October 2008 in New York.
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The Attorney-Client Privilege Protection Act (ACPPA) of 2008 is intended to protect attorney-client privilege during corporate federal investigations. Many are keeping a close watch on Capitol Hill to see if the bill will pass, or if the DOJ will revise the standards in the McNulty Memorandum. In this white paper, "When 'Confidential' Isn't - Attorney Client Privilege and Federal Investigations," Beecher Carlson's Christina Costa explores the issues and challenges associated with this proposed legislation.
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On November 26, 2006, the Terrorism Risk Insurance Act of 2002 (TRIA) was enacted as a response to the problems companies were having in getting insurance coverage for terrorism as a result of the devastating losses from the Tragic events of September 11th. This white paper focuses on the many rules and opportunities for a capative solution in response to the decision to treat a captive insurance company the same way as any other company.
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The principles necessary to attain a cutting edge in your claims program are simple - but achieving them is not so easy. It takes commitment, energy and a passion for excellence. This white paper explores the challenges to effective claims management and how to overcome them.
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Hedge Funds, known for their above average rate of return, are facing SEC regulations due to growing incidences of fraud, many of which involved substantial losses. Transitioning to comply with new regulations will take considerable planning.
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With inflation, settlement payouts over the next 3 to 5 years could reach upwards of $45 billion, which is causing many reinsurers to pull back from D&O. However, technological advancements may help manage risks thereby easing the minds of underwriters and help reinsurers in pricing D&O.
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Many directors presume that a company's D&O policy will cover them. Unfortunately, that is not always the case. One way to reduce this exposure is to have a dedicated line of liability coverage that is not shared with the corporate entity.
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Over the past several decades, construction defect litigation has increased substantially causing construction-related businesses to turn to alternative risk finance methods to gain more control and keep costs in check.
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Using our unique approach to analyses-based risk transfer, we studied securities class action losses in the energy industry, as they relate to Directors and Officers Liability, and determined general predictors of class action.
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Backdating poses very serious risks to Directors and Officers. Many times the crux of the problem goes back to the accounting methodology for these options. Companies that fail to properly account for these options could end up having to issue a financial restatement -- the repercussions of which could be disastrous to your D&O policy.
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A recent conference uncovered some widespread misconceptions in the D&O community. A panel of veteran D&O counsel spoke from both the client and insurer's perspectives, and from that conversation came eight debatable D&O topics.
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Being hit with a punitive damages award can be devastating, and with the growing frequency with which these damages are sought it's vital to explore your options in coverage. Your broker can assist in conducting an annual coverage analysis, update you on changes in law, and trends in the market.
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Sound articles of incorporation may help protect directors from liability, but the best by-laws and corporate structures will not absolve a director from his or her own fiduciary duties. Directors are responsible for controlling the policy of the corporation and must be familiar with the applicability of exculpatory statutes.
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Every merger and acquisition carries with it the exposures of each party to the transaction. A newly acquired subsidiary may fundamentally change the risk profile of the parent company, so it's vital to choose an experienced broker who can identify and account for these exposures.
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Investigations by the Securities and Exchange Commission into the compensation practices at several public companies underscore the need for Directors and Officers to be fully apprised of such practices, and to be prepared for any shareholder litigation that may arise as an outgrowth of these inquiries.
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This paper outlines the innovative approach being taken by Beecher Carlson using a proprietary statistical model designed to amalgamate diverse data sources into a simple risk quantification, scoring and explanatory method.
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Newly enacted revisions to the Bankruptcy Code have increased the cost of filing, reduced the time for getting a plan approved, and restricted the ability of companies to offer retention incentives to top executives.
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If the adage 'employees are every company's greatest asset' holds true, doesn't it make sense for employers to make it a priority to provide them with a safe, congenial and productive work environment? If so, why are employment-related claims on the rise? And, why are there so many multi-million dollar settlements and verdicts in these cases?
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As evolving technology facilitates an increased usage of the Internet, almost all companies face a breadth of liability issues they may have never experienced before. Whether your company advertises online or conducts electronic commerce, it's important to understand the exposures presented and the insurance risk-transfer programs now available to address them.
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Disasters such as Enron and Worldcom have reshaped the Court's expectations of best corproate goverance practices.
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The unique structure of Real Estate Investment Trusts (REITS) presents a challenge for the insurance industry as it strives to provide adequate coverage for directors, officers, and for the REIT itself. Truth be told, the insurance industry is simply not set up to readily address all of the risk factors a REIT represents. Read this paper to learn more about developing a robust Executive Liabilty program for your REIT.
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Part I of this series on Initial Public Offerings focused on the risks associated with going public. This paper focuses on the insurance that should be carefully considered to maximize protection for the directors, officers and corporate assets.
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As if the stakes are not already high enough for corporate Directors and Officers, law firms are now upping the ante by paying lawyers extra incentives to get settlement contributions out of the pockets of targeted high-profile individual defendents found to have participated in fraudulent activity. Understanding theiro motives and tactics is the best way to keep you one step ahead in the game.
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Certain aspects of the gaming industry, such as the need to project an affluent, even glamorous image in order to keep guests of the casino entertained, sometimes can trigger charges of discrimination. This paper examines some of the lawsuits brought and settled on behalf of aggrieved employees and applicants by the Equal Employment Opportunity Comission (EEOC).
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This paper is evidence that the spirit of public service is long engrained in the collective consciousness of the legal profession, and the impulse of law firms in other cities to donate office space to displaced attorneys due to Hurricane Katrina. While this generosity is commendable, consideration must first be given to the ethical consequences of any arrangements.
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A corporation's failure to identify its exposures and evaluate the impact of potential losses due to a terrorist attack could be disruptive to the continuity of its business leaving its Directors and Officers open to severe legal and public criticism.
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A look at the robust merger activity in the Utility industry over the past several years.
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In the face of increasing medical malpractice premiums from traditional commercial insurance companies, healthcare providers have sought alternative insurance solutions.
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In this paper, we consider sexual harassment, a phenomenon to which the healthcare sector seems particularly susceptible, and outline how management can improve upon existing employment practices to limit the number of claims that arise in this area.
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This paper discusses some cost-effective techniques healthcare facilities can use to reduce the risks posed to staff by confrontational patients and visitors.
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If you are a Director or Officer at a company considering an IPO, there are things you can and should be doing to prepare your company for public exhibiton.
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This paper addresses the important issues Directors and Officers need to know to protect their personal assets when faced with a financial restatement.
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The title insurance industry is under heavy scrutiny by both state and federal regulators for illegal kickback practices potentially costing home buyers nationwide hundres of millions, if not, billions of dollars.
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This paper examines the evolution of the telecom industry and the risks that telecom companies face, focusing primarily on the exposures these companies confront in the areas of professional liability and intellectual property.
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This paper outlines the steps a prudent Director should take to stay protected in the face of heightened enforcement and investor scrunity.
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It's a growing problem for businesses of all sizes: attracting and keeping talent in the Boardroom in an age of unprecendented litigation. Fortunately, the insurance industry is responding to the growing need in the D&O area. This paper addresses many of the concerns that independent directors and risk managers may face in tackling this emerging issue.
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Sarbanes-Oxley is here to stay, and its impact on public company Board members cannot be minimized. This paper recaps some of the more salient provision of the Act as they relate to the duties of Board members.
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