• Moderated by Curtis Young, Thompson Flanagan
• Steve Kaye,  Counsel in Ropes & Gray’s liability risk management group,
• Meg Gardiner is General Counsel and Claims Officer at Euclid Transactional
• Toria Lessman,  SVP, Underwriting Leader, Transactional Liability
• Bill O’Neill, Litigation Partner, Winston & Strawn

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Discussion will include:

• Roles – who does what?
• Are Claims being paid
• Which claims are most common?
• Percent of claims that exceed retention
• What are the claims trends?

Policyholder/Coverage Expectations

• Policy Forms
• Excess No Broader Than….Cyber
• Pre-Closing Tax Indemnity
• Interim Period
• COVID-19
• What can be negotiated/renegotiated in advance to avoid claim problems.

R&W Underwriting Trends – are firms leaving the business? Chubb?

• Pricing
• Number of Firms
• Bandwidth/Deal Flow
• Appetite - Deal Size/Industry
• No Seller Indemnity %
• Minority Investments

Where is R&W Going/Future of the Product – How R&W fits into a transaction

• Corporate Vs. Private Equity
• Distressed Sales
• SPAC's

Sponsored by:

Biographies:

Steve Kaye is counsel in Ropes & Gray’s liability risk management group, which is a leading global practice at structuring customized, complex insurance solutions. Steve advises private and public companies and investment management firms (including private equity, hedge and venture capital funds) on matters involving indemnification and insurance. He concentrates his practice on mergers and acquisitions and investments, advising clients on purchasing and negotiating transactional risk insurance policies (including representations and warranties, litigation buy-out and tax liability policies).  His work also consists of drafting and negotiating state-of-the-art liability insurance coverage (including director and officer policies and general partnership liability policies). He also counsels clients on litigation exposure and risk management issues under liability insurance policies.

Steve draws on his past experience as a litigator on behalf of insurance carriers with regard to complex coverage claims. His experience working with insurance companies informs his negotiation and drafting of insurance policies as well as advocating for clients during the insurance claims process.

Meg Gardiner is General Counsel and Claims Officer at Euclid Transactional.  Prior to joining the team, Meg was a litigator at the law firm of Schulte Roth & Zabel LLP for 10 years, advising individual and institutional clients on complex commercial disputes, regulatory and white collar investigations, and risk management.   Meg is a member of PLUS, the Claims and Litigation Management Alliance, and the Association of Corporate Counsel.  Meg graduated with a BA in Philosophy from Princeton University and holds a J.D. from The George Washington School of Law.