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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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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
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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
Assistant Vice President & Product Manager
Hartford Financial Products
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
ExecutivePerils, Inc.
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
Advisen Ltd.
What types of employment-related losses are experienced by smaller companies?
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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.
David Bradford
President
Research & Editorial Group
Advisen Ltd.
How have the ups and downs of the economy affected employment-related claims?
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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.
David Bradford
President
Research & Editorial Group
Advisen Ltd.
Have regulators become more aggressive in enforcing employment laws?
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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.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
David Bradford
President
Research & Editorial Group
Advisen Ltd.
How can smaller employers stay informed about this shifting threat landscape?
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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.
David Bradford
President
Research & Editorial Group
Advisen Ltd.
How can smaller companies reduce their exposure to employment-related claims?
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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.
David Bradford
President
Research & Editorial Group
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
Assistant Vice President & Product Manager
Hartford Financial Products
Mercedes Colwin
Partner
Gordon & Rees LLP
Peter Taffae
Managing Director
ExecutivePerils, Inc.
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
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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
https://www1.gotomeeting.com/register/250973560
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Upcoming Advisen Conferences
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Visit http://corner.advisen.com/advisen_conference.html for the 2013
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Thursday, October 24, 8:00 AM EDT
http://events.Signup4.com/AdvisenCyberInsights2013
Wednesday, September 25 in New York City
http://events.Signup4.com/AdvisenMgmtLiability2013
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