2011 securities litigation: year-end reviewmanager for chubb multinational solutions (cms),...

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2011 Securities Litigation: Year-End Review

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Page 1: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

2011 Securities Litigation: Year-End Review

Page 2: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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About Advisen: Advisen Ltd. is a privately-owned, independent and unbiased provider

of news, data and risk analytics to the commercial insurance industry.

Advisen’s mission is to deliver productivity and insight 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

Page 3: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Securities Litigation Insight http://corner.advisen.com

• Quarterly report on Securities Litigation

• Copy of these slides

• Recording of today’s webinar

• Securities lawsuits (Advisen MSCAd large loss database)

• Subscribe to Management Liability FPN

Coming Soon:

Cyber Liability Journal

Management Liability Journal – 2nd Edition

D&O Commercial Insurance Group – 2,400+ Members LinkedIn D&O Commercial Insurance Group

http://www.dandodiary.com

Page 4: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Moderator

Jim Blinn, Principal, Advisen Ltd.

Presenter and Report Author

John Molka, Senior Industry Analyst and Editor, Advisen Ltd.

Page 5: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Today’s Panelists

Kevin LaCroix, Executive Vice President, OakBridge Insurance Services, LLC

David Williams, Vice President, Chubb Specialty Insurance

Mark Lebovitch, Partner, Bernstein Litowitz Berger & Grossmann LLP

Page 6: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Today’s Panelists

Kevin LaCroix, Executive Vice President, OakBridge Insurance Services, LLC

Kevin M. LaCroix is an attorney and Executive Vice President, OakBridge Insurance

Services, Beachwood,Ohio, a division of R-T Specialty, LLC. OakBridge is an

insurance intermediary focused exclusively on management liability issues.

Kevin has been involved in directors’ and officers’ liability insurance issues for over 25

years. He began his career as a coverage attorney and partner at the Washington, D.C law

firm of Ross, Dixon and Bell. More recently, Kevin served as President of Genesis

Professional Liability Managers, a D & O underwriter and part of the Berkshire Hathaway

group of companies.

Kevin is also the author of the Internet weblog, The D & O Diary,

http://www.dandodiary.com, “a periodic journal containing items of interest from the

world of directors’ and officers’ liability, with occasional commentary.” In addition,

Kevin is a columnist for the Insurance Journal. Kevin is a graduate of the University of

Virginia and of the University of Michigan Law School.

Page 7: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Today’s Panelists

David B. Williams is a Vice President of Chubb Specialty Insurance (CSI) and worldwide

manager for Chubb Multinational Solutions (CMS), professional liability lines of business. He

is based in Boston.

Mr. Williams joined Chubb in 1985 after working at a stock brokerage firm and Liberty

Mutual. He has held a number of progressively more senior positions in Chubb’s Executive

Protection Department (EPD) in the United States and worked 6 years for Chubb in Asia

based in Singapore and Thailand, 2 years overseeing Chubb’s EPD field operations in Latin

America & Europe and 4 years running Chubb’s Professional Liability and Financial lines

business in Canada.

Mr. Williams is President Elect on the trustee’s board of the Professional Liability

Underwriting Society (PLUS) and is a past President of the PLUS Foundation. He also serves

of the Board of the Buckingham Browne and Nichols school in Cambridge Ma.

Mr. Williams is a graduate of Harvard University where he received a Bachelor of Arts

(History) in 1982. In 2003 he completed the Kellogg School of Management's Executive

Development Program. In 2002 Mr. Williams was awarded the Harlem Black Achievers in

Industry Award. In 2000 he completed the Leadership Development program at the Center for

Creative Leadership in San Diego.

Page 8: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Today’s Panelists Mr. Lebovitch is primarily responsible for the firm's corporate governance litigation practice,

focusing on derivative suits and transactional litigation. He has served as one of the lead counsel in

many of the most significant corporate governance actions in the past five years.

Most recently, he prosecuted the Pfizer Derivative Litigation, which resulted in a historic $75 million

dedicated fund to be used solely to support the activities of an unprecedented Regulatory and

Compliance Committee created in the settlement, which not only materially enhances the Pfizer

board's oversight but may set a new benchmark of good corporate governance for all highly

regulated companies. In other recent matters, he obtained a $69 million cash payment for

shareholders in a challenge to Xerox's acquisition of ACS; as well as a $14.5 million cash fund, and

near 60% increase in the takeover price, for Landry's shareholders when the CEO's alleged

misconduct became public.

In addition, Mr. Lebovitch has served as a co-lead trial attorney in numerous precedent-setting cases

including most recently the landmark trial challenging the Airgas Products, Inc. board’s use of a

poison pill. Previously, Mr. Lebovitch represented public pension systems seeking to vindicate

shareholder voting rights allegedly infringed by Yahoo!, Inc.'s employee severance plan and by

unique merger agreement and standstill provisions used in the private equity buyout of Ceridian

Corporation. He has also helped shareholders obtain higher prices and meaningful corporate

governance improvements in suits arising from, among other things, the hostile takeover battles over

Caremark Rx, Inc., CBOT Holdings, Inc., Longs Drug Stores, Inc., and Anheuser-Busch Companies,

Inc. Mr. Lebovitch also prosecutes securities litigations, and in that capacity was the lead litigation

attorney in In re Merrill Lynch Bondholders Litigation, which settled for $150 million, and is

currently a member of the team prosecuting In re Bank of America Securities Litigation.

Page 9: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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White Paper: Available on Advisen’s Corner Store

http://corner.advisen.com

Page 10: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Securities Litigation – 2011

Key Developments

• New suits filed reach a record for year, drop as year moved on.

• Drop in breach of fiduciary duties suits in second half.

• Derivative actions on the rise: say-on-pay issues.

• Securities class actions up from 2010, but dropped in Q4.

• Regulatory actions up from 2010, but below record 2009.

• Suits against non-U.S. companies rose in 2011, especially Chinese companies.

Page 11: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Securities Litigation – Historical View

Page 12: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Case Breakdown

Page 13: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Merger Objection – Historical View

2011 does not include 40 new investigations.

Page 14: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Case Breakdown

Page 15: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Sector Impact Metric™

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Information

Technology

Financials

Page 16: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Market Cap Impact Metric™

Page 17: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Globalization

Page 18: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Today’s Panelists

Kevin LaCroix, Executive Vice President, OakBridge Insurance Services, LLC

David Williams, Vice President, Chubb Specialty Insurance

Mark Lebovitch, Partner, Bernstein Litowitz Berger & Grossmann LLP

Page 19: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Merger Objection – Historical View

2011 does not include 40 new investigations.

Page 20: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

Derivative Actions

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Page 21: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Today’s Panelists

Kevin LaCroix, Executive Vice President, OakBridge Insurance Services, LLC

David Williams, Vice President, Chubb Specialty Insurance

Mark Lebovitch, Partner, Bernstein Litowitz Berger & Grossmann LLP

Page 22: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Securities Litigation Insight http://corner.advisen.com

• Quarterly report on Securities Litigation

• Copy of these slides

• Recording of today’s webinar

• Securities lawsuits (Advisen MSCAd large loss database)

• Subscribe to Management Liability FPN

Coming Soon:

Cyber Liability Journal

Management Liability Journal – 2nd Edition

D&O Commercial Insurance Group – 2,400+ Members LinkedIn D&O Commercial Insurance Group

http://www.dandodiary.com

Page 23: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Upcoming Advisen Webinars

Visit http://corner.advisen.com/advisen_webinars.html for the 2012 Webinar Schedule

Emerging Environmental Risks in the Healthcare

Industry Sponsored by ACE

Date: Thursday, March 1, 2012 at 11:00AM EST

Business Interruption: Business Income & Supply

Chain Risks Revisted

Date: Thursday, April 5, 2012 at 11:00AM EDT

Page 24: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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Upcoming Advisen Conferences

Visit http://corner.advisen.com/advisen_conference.html for the 2012 Conference Schedule

Tuesday, March 13, 2012* 8AM GMT

The Willis Building

London, UK

To register:

http://events.SignUp4.com/Advisen_2012CyberLondon

Page 25: 2011 Securities Litigation: Year-End Reviewmanager for Chubb Multinational Solutions (CMS), professional liability lines of business. He ... In 2000 he completed the Leadership Development

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How to reach us: Advisen Ltd.

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New York, NY 10018

www.advisen.com

Voice: +1.212.897.4800

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