EPL Issues for Private Companies: Managing a Shifting Risk Landscape. Sponsored by:

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1 v EPL Issues for Private Companies: Managing a Shifting Risk Landscape August 2013 Sponsored by: 1

2 About Advisen Advisen Ltd. is a privately-owned, independent and unbiased provider of news, data and risk analytics to the commercial insurance industry. Advise s issio is to deliver productivity a d i sight to insurance professionals. Advisen brings greater success though technology and data, revolutionizing the way the commercial insurance industry functions. Our customers leverage the Advisen platform, adding power to their proprietary ability and bringing value to their clients. Please locate us on: 2 2

3 Many Thanks to Our Sponsor! 3 3

EPL Issues for Private Companies: Managing a Shifting Risk Landscape http://corner.advisen.

4 EPL Issues for Private Companies: Managing a Shifting Risk Landscape Paper titled Na igati g a Dynamic Risk Landscape: Employment-Related Exposures of Pri ate Co pa ies Copy of these Slides Recording of today s e i ar 4

5 Today s Moderator David Bradford President, Research & Editorial Group Advisen Ltd. 5 5

6 Today s Pa elists 6 6

7 Today s Pa elist Michael Kosednar is Assistant Vice President and Hartford Financial Products (HFP) Product Manager, where he is responsible for the development of new products and improvement of existing products. Mike started his career as an underwriting trainee in 1979 and has held a variety of underwriting and management positions on both the company and agency side. Mike first joined First State Management Company in 1998 which was later merged into HFP in Mike has worked in various underwriting, program management and product management capacities during his time at HFP. 7

8 Today s Pa elist is the Ma agi g Part er of Gordo & Rees s Ne York office. She handles a wide variety of litigation, including employment law, commercial litigation, class actions, products liability, professional liability, wage and hour class actions, civil rights violations and criminal law. Ms. Colwin has successfully tried 46 cases to verdict in various jurisdictions throughout the U.S. Ms. Colwin regularly defends corporate executives from Fortune 500 companies accused of wrongdoing including claims of sexual misconduct. Prior to private practice, Ms. Colwin served as an Administrative Law Judge for the New York State Division of Human Rights. During her nine years of service, while a partner at a major regional New York law firm, she presided over three thousand cases brought under the federal and state discrimination laws. 8

9 Today s Pa elist Prior to starting, Mr. Taffae was Senior Vice President and Manager of Mi et s (AON) Financial Services Department for four years and served for 8 years as Senior Vice Preside t a d Ma ager of Marsh & M Le a s FINPRO Di isio a d Pacific South FINPRO Regional Coordinator and five years underwriting at Chubb in their Philadelphia, Wall Street and Los Angeles offices. All positions had Mr. Taffae specializing in D&O, E&O, EPLI, and Kidnap/Ransom insurance. Mr. Taffae is on the editorial board of Employment Practices Liability Consultant (EPLiC), board member of the Digital Risk Underwriting Society (DRUMS), a member of the National Association of Corporate Directors (NACD), Professional Liability Underwriter Society (PLUS), and a chartered member of Aetna/ERMA National Advisory Committee. 9

10 Are private companies as exposed to employment-related losses as public companies? David Bradford President Research & Editorial Group Advisen Ltd. 10

11 What types of employment-related losses are experienced by smaller companies? David Bradford President Research & Editorial Group Advisen Ltd. 11

12 How have the ups and downs of the economy affected employment-related claims? David Bradford President Research & Editorial Group Advisen Ltd. 12

13 Have regulators become more aggressive in enforcing employment laws? David Bradford President Research & Editorial Group Advisen Ltd. 13

14 In 2012, new EEOC charges were at near record levels, but the number of prosecutions was down. What does that mean to private company employers? David Bradford President Research & Editorial Group Advisen Ltd. 14

15 A recent US Supreme Court decision narrows the definition of supervisor in Title VII claims. What is the likely impact on small and mid-size employers? David Bradford President Research & Editorial Group Advisen Ltd. 15

16 Has the EEOC become more aggressive in policing employers using criminal records as a per-employment screen? David Bradford President Research & Editorial Group Advisen Ltd. 16

17 The AMA recently declared obesity a disease. What is the implication for employers? Are employers restricted in using weight as a criterion for hiring or firing? David Bradford President Research & Editorial Group Advisen Ltd. 17

18 Many companies now have wellness programs, with incentives tied to various goals. What EPL exposures might arise from these programs? David Bradford President Research & Editorial Group Advisen Ltd. 18

19 What about LGBT job applicants and employees? Does the recent Supreme Court decision largely overturning DOMA create new exposures for employers? David Bradford President Research & Editorial Group Advisen Ltd. 19

20 How can smaller employers stay informed about this shifting threat landscape? David Bradford President Research & Editorial Group Advisen Ltd. 20

21 How can smaller companies reduce their exposure to employment-related claims? David Bradford President Research & Editorial Group Advisen Ltd. 21

22 What is covered by employment practices liability insurance? Should every employer consider buying this coverage? David Bradford President Research & Editorial Group Advisen Ltd. 22

23 Many Thanks to Our Sponsor! 23 23

24 Many Thanks to Our Panelists! 24 24

25 EPL Issues for Private Companies: Managing a Shifting Risk Landscape Paper titled Na igati g a Dynamic Risk Landscape: Employment-Related Exposures of Pri ate Co pa ies Copy of these Slides Recording of today s e i ar 25

26 Upcoming Advisen Webinars Visit for the 2013 Webinar Schedule The State of the Private Company and Non Profit D&O Market Tuesday, September 10, 2013 at 11am EDT Role of the Risk Manager Thursday, September 12, 2013 at 11am EDT

27 Upcoming Advisen Conferences Visit for the 2013 Webinar Schedule Wednesday, September 25 in New York City Thursday, October 24, 8:00 AM EDT

28 How to to reach us: us: Advisen Ltd Broadway 8 th Floor New York, NY Voice: support@advisen.com

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