White Papers and Articles:

2010 was the year of anti-corruption. The U.S. saw some of the largest anti-corruption settlement figures in history, and the U.K. prepared for the impact of what could be the most stringent anti-bribery legislation in the west. Globally, authorities have begun cooperating with U.S. anti-corruption activities and instituting their own measures to prevent dishonest business practices. The fight against corruption is growing and unlikely to fade away. How will this “800 pound gorilla” affect your business and risk profile?

As the soft market lingers, insureds must avoid complacency. If you have a sound risk profile, this is, in fact, a buyer’s market. A prolonged period of overall premium decline boosts insureds negotiating strength and presents a good opportunity to acquire new limits or augment risk transfer solutions to a changing risk climate. This white paper discusses how you can leverage current market conditions to improve your risk preparedness.

In this Workers’ Compensation Update, we’ll take a look at some of the newest and most problematic issues in workers’ compensation: • Can employer-supported volunteerism by employees raise an employer’s workers’ compensation risk? • Can employers reduce workers’ compensation liabilities by banning cell phone use by employees on the job? • Can information from social networking sites help combat workers’ compensation fraud? Find out how these and other issues may lead to a federal overhaul of state workers’ compensation systems and what that would mean for employers.

The Dodd-Frank Wall Street Reform and Consumer Protection Act is sizeable, controversial legislation. The bill seeks to reshape the financial regulatory landscape with both immediate changes and studies for the future. Dodd-Frank’s 2,300 pages establish new agencies, mandate new corporate governance activities, and broaden SEC authority. Find out how this landmark bill will affect risk management and insurance in our latest white paper – “How the Dodd-Frank Act Impacts Your Insurance Strategy for 2011.”

In a special edition of Workers’ Compensation Update, we highlight two reporting requirements, one old and one new, that could carry enormous consequences if ignored. The first, under the Medicare Secondary Payor Act, has been on the books almost thirty years but enforcement has been lax. This is no longer the case. The second obligation, under Section 111, goes into effect in 2011. Together, the costs associated with these requirements, in both time and money, are extensive. We’ll examine what you need to know about these requirements and look at some potential changes to Section 111 which may ease the burden of entities responsible for reporting to Medicare.

Struggling to fill budget gaps, governments have started investigating the tax-exemptions on non-profits. Some non-profits have even lost their tax-exemption altogether. In addition, some Attorneys General are questioning the appropriateness of high executive compensation at some hospitals and other charitable institutions. How will these changes to the non-profit arena affect your financial planning, corporate governance, and risk management strategies?

Unhappy, stressed, and overworked employees can jeopardize your workers’ compensation program. In our September newsletter, we look at how you can manage your risk while still getting things done. This month's articles include: Tactics for Reducing Workplace Violence; Overusing Overtime: Should You Push Your Employees Harder or Hire New Ones?; The Fastest Growing Expense in Workers’ Compensation and How To Lower It

Foreign securities plaintiffs were recently upended by the Supreme Court’s landmark decision in Morrison v. NAB, which refuses to extend the extraterritorial reach of securities laws to “F-Cubed” scenarios. The Morrison decision decreases extraterritorial pressure from D&O liability premiums for certain entities. While jurisprudence over this issue may be resolved, the legislative response is just beginning. This white paper examines the impact this ruling and the Dodd-Frank Bill will have on global D&O coverage.

As the Hurricane season matures, multiple storms threaten the United States, the Caribbean and Korea. As always, one of the most vital elements of a risk management strategy is anticipating and preparing for catastrophic events. Storm-related damage can often be prevented or reduced with strategic pre-planning. Implementing and executing thorough and effective plans help to minimize loss. This checklist is provided as a supplement to an existing strategy, and includes numerous suggestions to help curtail wind-related damage.

In a recent article in National Underwriter magazine, Integro’s Louise Pennington discusses the availability of new D&O coverage enhancements for informal regulatory proceedings.

Should employers be subject to suit long after discriminatory acts occurred, even where one might believe a statute of limitations would preclude litigation? In the marquee case Lewis v. City of Chicago, the Supreme Court said yes, mirroring a spate of legislation and litigation imposing restrictions or liability on employers. In this white paper, we discuss the case and its relevance to Employment Practices Liability Insurance. Find out how this important decision may affect your business and risk profile.

The spreading decriminalization of medical marijuana is welcome news to many chronically ill and injured people, but it can be headache for employers. In part two of his series on employee medical marijuana use, Mark Noonan explores how employers can shield their drug policies from discrimination charges.

Perhaps the greatest benefit of borderless commerce is a worldwide pool of potential investors. Yet issuers must weigh this benefit against the potential for litigation anywhere in the world. As technology and business reshape traditional borders, legal and insurance matters become increasingly complex. Integro’s new white paper, “Morrison v. NAB: Will U.S. Courts Be a Safe Haven for Fraud?” explains the potential change to established securities law if the Supreme Court chooses to embrace the theory of “F-Cubed” jurisdiction.

Prior and pending litigation exclusions are designed to exclude from coverage matters which precede a policy’s inception date. A recent Connecticut Supreme Court opinion narrowly construed the exclusion to apply where a wrongful termination lawsuit arose out of facts asserted in a previous unemployment hearing. In “Developments in Employment Practices Liability Insurance: A Trap for the Unwary,” John Orr explains the significance of the prior and pending litigation exclusion and a potential pitfall that should be avoided.

In this issue, we examine the recent concerns involving head trauma injuries and the resulting claims for either traumatic brain injury and/or dementia. The NFL cases in California illustrate the hidden dimensions of this emerging issue. We also discuss the dilemmas faced by employers with our continually aging workforce and review the NCCI 2010 State of the Line report on workers' compensation.

Business bankruptcies in the U.S. increased by over 50% last year. Thus, it is critical that even the most solvent organizations appreciate the implications of bankruptcy, if not from a direct risk, then from an indirect perspective. This white paper discusses common issues that arise from insolvency— whether the bankruptcy is yours, your customer's, or your vendor's. It also highlights the necessary coverage reviews that should be undertaken to ensure that an insurance policy will work as expected in the event of a claim despite, or because of, an insolvency.

This edition of our workers' compensation newsletter explores a recent decision on protective gear; how Medicare and OSHA activities can impact workers' compensation; and a change in thinking from the American Medical Association (AMA).

As businesses rely increasingly on technology and digital information, volumes of data help employees work more efficiently, reach more customers, and engage in new activities. However, when digital constructs are used to threaten, destroy, or misuse data, the resultant property loss and destruction—as well as consequent damage—can be devastating. The insurance industry has responded with a variety of products to address these exposures, discussed in this issue.