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Management Liability Threats: Why Choosing the Right D&O Liability Insurance is a Must These Days

Level: Intermediate
Runtime: 91 minutes
Recorded Date: June 24, 2019
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  • Management Liability/Insurance
  • Director & Officers (D&O) Liability
  • Best Practices to Avoid D&O Claims
  • Employment Practices Liability
  • Coverage Enhancement
  • State and Federal Laws
  • Best Practices to Avoid EPL Claims
Runtime: 1 hour and 31 minutes
Recorded: June 24, 2019
For NY - Difficulty Level: Both newly admitted and experienced attorneys


Law firms are not immune from the same risk as corporations. The growing demands of running a law firm requires firms to delegate management responsibility to dedicated officers or committees and exposes law firm partners to many of the same liability risks faced by the directors and officers of corporate entities. At the same time, high-profile employment-related claims have become a daily fixture in the legal press.

This panel will discuss the unique challenges these management liability claims pose for law firms and provide insight on the insurance, risk management, and avoidance strategies a firm can take to avoid them.

This program was recorded on June 24th, 2019.

Provided By

American Bar Association
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Scott Gagliardi

Vice President
Sompo International

Scott Gagliardi is the Vice President at Sompo International.

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Thomas L. McCally

Carr Maloney, PC

Tom McCally heads the Employment and Labor Law practice at Carr Maloney. He has more than 25 years’ experience in virtually every issue in employment, labor and benefits counseling, and litigation, including complex litigation, class actions and multi-district litigation (MDL). He regularly tries cases in federal and state courts. Tom’s other areas of focus are commercial litigation, business law, directors’ and officers’ liability, complex litigation, civil rights, nonprofit and religious institutions practice.

Tom has served as lead counsel in scores of cases tried to verdict in federal and state courts on numerous employment issues, including claims of discrimination, sexual harassment, retaliation, ERISA, whistleblower, wrongful discharge, and unfair labor practices. He also regularly practices before the EEOC and state and local EEO agencies. This trial and litigation experience sets him apart from many employment practices at larger firms, and allows him to deliver high value to clients. When counseling a company, Tom knows how an issue might play out in trial and positions a client in the most advantageous way, should a matter wind up in court.

Tom partners with his clients to become part of their business, serving as outside general counsel, understanding all issues, and providing business-oriented advice and strategic planning. He also counsels his clients on individual terminations, layoffs, restructurings, and compliance with local, state, federal, and international laws and regulations.

For corporate clients, Tom does everything from writing personnel policies and procedures, to giving EEOC-compliance self-audits and DOL-approved management training, to handling crisis communications in high-profile matters, protecting reputations and brands.Tom is an assistant den leader in the Cub Scouts. For several years, he has accompanied his daughter’s Girl Scout troop on annual trips. Tom also annually participates in a 100-mile point-to-point horseback ride in Arizona’s Sonoran Desert. A third-generation Washingtonian, Tom also enjoys golf, boating, sports, and photography. His great-grandfather was a builder who worked with renowned Washington architect Waddy Wood, and Tom often seeks out their buildings to photograph.

Before entering private practice, Tom served as law clerk to the Hon. Richard B. Latham, Circuit Court for Montgomery County, Maryland. Over the years, Tom has served in various capacities for national, state, and local bar associations, including as co-chair of the Civil Jury Instructions Committee of the Bar Association of the District of Columbia from 1993 to 1998, which resulted in publication of the Standardized Civil Jury Instructions for the District of Columbia, 1998 revision.

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Matthew Faenza

Underwriting Consulting Director
CNA Insurance

Matthew Faenza is the Underwriting Consulting Director at CNA Insurance.

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Eileen Garczynski

Vice President
Ames & Gough

Eileen Garczynski is a senior vice president and equity partner of Ames & Gough. She is a lawyer by training and has more than 30 years of risk management and insurance experience. She leads the law firm initiative at Ames & Gough, focusing on the risk management and insurance needs of law firms. She is a Special Liaison to the American Bar Association's (ABA) Standing Committee on Lawyers' Professional Liability, having been a former member of that committee. She is also the former vice chair of the Insurance & Risk Management Committee for the Section of Intellectual Property Law of the ABA. Eileen is located in our Washington, D.C., office.

Eileen joined Ames & Gough in 2007. Prior to that, she served as a claims manager and inside counsel for both Travelers Insurance Company and Wausau Insurance Company. She also was a litigation and risk manager for the American Red Cross and spent seven years with LexisNexis as a strategic market planning manager, developing key insurance and legal products for Fortune 500 companies, law firms, and insurers.

Eileen received her law degree from the University of Baltimore School of Law, a market strategy certificate from Georgetown University, and her undergraduate degree, cum laude, from the College of Wooster.

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