EPL Issues for Private Companies: Managing a Shifting Risk ......Many Thanks to Our Sponsor! 3 . 4 ... • Copy of these Slides ... Mike started his career as an underwriting trainee

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EPL Issues for Private Companies: Managing a Shifting Risk Landscape

August 2013 Sponsored by:

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About Advisen

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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: www.advisen.com

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Many Thanks to Our Sponsor!

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EPL Issues for Private Companies: Managing a

Shifting Risk Landscape

http://corner.advisen.com

• 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

http://corner.advisen.com/

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Today’s Moderator

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David Bradford

President, Research & Editorial Group

Advisen Ltd.

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Today’s Pa elists

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Mike Kosednar

Assistant Vice President & Product Manager

Hartford Financial Products

Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director

ExecutivePerils, Inc.

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Mike Kosednar



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 2000. Mike has

worked in various underwriting, program management and product

management capacities during his time at HFP.

Today’s Pa elist

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Mercedes Colwin

Partner

Gordon & Rees LLP

Mercedes Colwin 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.

Today’s Pa elist

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Peter Taffae

Managing Director


Prior to starting ExecutivePerils, Inc., 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.

Today’s Pa elist

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President

Research & Editorial Group

Advisen Ltd.

Are private companies as exposed to employment-related losses as public companies?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

What types of employment-related losses are experienced by smaller companies?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

How have the ups and downs of the economy affected employment-related claims?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

Have regulators become more aggressive in enforcing employment laws?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

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?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

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?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

Has the EEOC become more aggressive in policing employers using criminal records as a

per-employment screen?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

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?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

Many companies now have wellness programs, with incentives tied to various goals. What

EPL exposures might arise from these programs?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

What about LGBT job applicants and employees? Does the recent Supreme Court decision

largely overturning DOMA create new exposures for employers?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

How can smaller employers stay informed about this shifting threat landscape?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

How can smaller companies reduce their exposure to employment-related claims?

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


David Bradford

President


Advisen Ltd.

What is covered by employment practices liability insurance? Should every employer

consider buying this coverage?

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Many Thanks to Our Sponsor!

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Mike Kosednar



Mercedes Colwin

Partner

Gordon & Rees LLP

Peter Taffae

Managing Director


Many Thanks to Our Panelists!

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EPL Issues for Private Companies: Managing a

Shifting Risk Landscape

http://corner.advisen.com

• 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

http://corner.advisen.com/

26

Upcoming Advisen Webinars

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Visit http://corner.advisen.com/advisen_webinars.html for the

2013 Webinar Schedule

Role of the Risk Manager

Thursday, September 12, 2013 at 11am EDT

https://www1.gotomeeting.com/register/598565753

The State of the Private Company and Non Profit D&O Market

Tuesday, September 10, 2013 at 11am EDT


http://corner.advisen.com/advisen_webinars.html





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Upcoming Advisen Conferences

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Visit http://corner.advisen.com/advisen_conference.html for the 2013

Webinar Schedule

Thursday, October 24, 8:00 AM EDT

http://events.Signup4.com/AdvisenCyberInsights2013

Wednesday, September 25 in New York City

http://events.Signup4.com/AdvisenMgmtLiability2013

http://corner.advisen.com/advisen_conference.html

http://events.signup4.com/AdvisenCyberInsights2013

http://events.signup4.com/AdvisenMgmtLiability2013

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New York, NY 10018 www.advisen.com

Voice: +1.212.897.4800

[email protected]

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EPL Issues for Private Companies: Managing a Shifting Risk ......Many Thanks to Our Sponsor! 3 . 4 ... • Copy of these Slides ... Mike started his career as an underwriting trainee

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