DIRECTORS & OFFICERS,
MANAGEMENT LIABILITY,
& EMPLOYMENT
PRACTICES
KSW’s management liability and employment practices attorneys have a deep and substantive understanding of the ever-evolving risks borne by insurers of public, private and not-for-profit organizations.
KSW represents a wide range of clients in the insurance industry, helping them navigate the ever-changing legal environment in the Management Liability, D&O, and corporate liability arenas. Our Firm represents foreign and domestic insurers, primarily as coverage and monitoring counsel, and, when necessary, in coverage litigation through the resolution of the claim.
DIRECTORS & OFFICERS
& MANAGEMENT LIABILITY
Whether the challenge takes the form of high-stakes “bet the company” D&O matters, or is a claim focused on a decision that impacts a wide array of shareholder-investors, KSW has the experience needed to guide D&O/Management Liability insurers through both coverage-related claims issues and resolution of these intricate matters.
KSW assists its insurance clients and their insureds, (including Fortune 500 companies), in handling complex securities and derivative litigation, as well as handling commercial crime and fiduciary liability matters. Such cases might involve significant legal, economic, and practical implications for insurance companies. Insurers need counsel prepared to address a claim from a multi-disciplinary standpoint. In the context of such litigation, KSW has developed a significant knowledge base in, among other areas, emerging risks, blockchain/ cryptocurrency, cannabis, pharmaceuticals, telecommunications, financial institutions, health care, and technology.
EMPLOYMENT PRACTICES LIABILITY
KSW's Employment Practices Liability Practice Area (“EPL”) provides a full range of services to EPL insurers. KSW attorneys issue coverage opinions and analyze liability and damages with respect to underlying EPL claims, as well as potential coverage issues and defenses. KSW attorneys also work with insureds and defense counsel concerning claim resolution strategy and participate in settlement negotiations, mediations, and arbitration of claims.
KSW’s EPL team is focused on keeping abreast of market changes, claim trends, and newly enacted legislation in various states. With such knowledge, KSW assists our clients with policy wording projects as well as drafting endorsements, applications and application supplements. KSW also provides formal and informal opinions on EPL insurance regulatory issues and other legal and non-legal insurance business advice and assistance.
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PROFESSIONAL EMPLOYER ORGINIZATIONS, STAFFING & ADMINISTRATIVE SERVICE ORGANIZATIONS
KSW has extensive experience in the specialized area of employment-related and professional liability claims against temporary staffing agencies, professional employer organizations, and administrative service organizations.
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EPL DEFENSE
KSW has represented employers ranging from small and mid-size local businesses to large national companies in claims brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Civil Rights Act of 1991, the Americans with Disabilities Act, and other federal, state, and local anti-discrimination statutes and regulations. KSW’s attorneys routinely appear before federal and state courts and agencies.