White Papers and Articles:

As we continue to provide information and solutions to help resolve workers' compensation issues and concerns, our newsletter this month focuses on the amended Americans with Disabilities Act. The amended act overturned several landmark Supreme Court decisions that narrowly interpreted the definition of disability and, as a result, employers are already experiencing a drastic change in the way they can defend ADA lawsuits. In this newsletter, we take a look at three recent ADA cases and the new U.S. Equal Employment Opportunity Commission guidelines.

According to a recent A.M. Best Co. report, the workers’ compensation market will continue to see deterioration through the end of 2009 and into 2010. Though frequency continues to decline, rising medical and prescription costs, increased medical severity, and continued job losses exert significant pressure on workers’ compensation costs, which continue to rise. At the same time, nearly 800 workers’ compensation bills have been introduced to state legislatures. At Integro, we believe the best defense in this market is to empower our clients with knowledge and tools that will help protect against any workers’ compensation risk. This update is the first in a series of updates designed to provide information and solutions to help resolve tough workers’ compensation issues and concerns.

New legislation may clarify and codify scheme liability in a bill titled "The Liability for Aiding and Abetting Securities Violations Act of 2009." Should the bill pass, it would materially change securities liability exposure and have ramifications for executive liability insurance. We discuss the import of this event in our white paper, “A New Class of Securities Defendants? Extending 10b-5 Liability to Secondary Actors."

Over 25,000 EEOC charges last year included claims of age discrimination. A recent pro-employer Supreme Court decision, which refuses to extend legal burden-shifting framework to discrimination cases, is therefore welcome news. The case and its import are discussed in this white paper.

The Delaware Legislature recently amended the law to clarify director advancement rights. While good news for directors, it does not eradicate the need for vigilance. Careful examination of corporate by-laws and prudent D&O review remain essential components of an effective risk management strategy.

A challenging economy has aggravated the risk of real estate ownership, requiring a revised risk assessment. "Mortgage Lending Protection" explains the collateral protection sequence and the various insurance products designed to assure that a lender's interest is protected.

The Delaware Supreme Court recently reversed the Chancery Court's opinion in the noted Ryan v. Lyondell litigation. In "Revlon Duties Triggered? Wait and See," we discuss the case's revised reasoning with respect to how a board discharges Revlon duties. It's an important reminder that a plaintiff's second-guessing can lead to substantial defense costs.

Due to new Medicare mandates being implemented, companies with any exposure should evaluate their responsibility under the SCHIP Extension Act of 2007. "Medicare as a Secondary Payer" reviews the implications of the Act.

The current outbreak of the H1N1 virus draws global attention to pandemic-related issues. Risk management professionals must once again examine their strategy to ensure that it addresses the potential ramifications of wide spread illness. "When Pigs Fly" discusses salient issues that must be addressed if the current situation escalates.

In this volatile economy, many companies face mounting credit concerns and financial pressures. "Be Prepared for the Next Chapter" discusses how to best prepare a D&O policy for insolvency-related risks, no matter how remote the possibility.

The insurance marketplace is split—selectively challenging to some companies, while competitive for others. The key to its successful navigation is a well executed strategy. "The Top 9 for 2009" presents practical and prudent tips for purchasing insurance.

The current economic crisis requires a proactive assessment of the insurance marketplace and reasoned decision making, including evaluation of insurer stability and alternatives. "Finding Serenity" identifies key issues to help risk professionals prepare for possible Board inquiries as the crisis continues to unfold.

Faced with a new economic paradigm, it is prudent to evaluate the facts that we know to best prepare for the future. "2009: D&O Insurance - A Brave New World?" takes a look at the D&O marketplace from the good news to the challenges that lie ahead.

Aligning a company's workforce with economic conditions raises employment practices concerns, from staff reductions to employee claims of wrongdoing. So it’s no surprise that employment practices liability exposure is on the rise. "Increasing Employment Practices Liability Exposure" details the risk factors and how they can impact a company's bottom line.