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Advisen Casualty Conference Cautions on Severity

At the second annual Casualty Insights Conference held yesterday in New York, Stan Galanski, president and CEO of Navigators, cautioned those in attendance about not so much the frequency of claims he’s seeing in the industry, but the severity of each. Galanski referenced the below clip from the movie The Graduate:

After which he exclaimed, “Today, I have one word for you…severity!”

Of course, we need to look no further than 2011 catastrophes to see the impact of severity on claims. Though there may have been fewer claims compared with the past, the impact has been much more costly than any previous year on record. But there are other, maybe not so well known, examples of high severity claims cases, such as:

  • Middleton vs Collins: The case of an 8-year-old boy who was intentionally set on fire by a neighbor. The reward to the family of the victim was a record $150 billion.
  • Pacesetter Inc. vs Nervicon: The case of St. Jude subsidiary Pacesetter and former engineer Yonging Zou, who used his access to confidential information to found a competing company, Nervicon, in China. St. Jude Medical won $2.3 billion in the case.
  • Allison vs Exxon Mobil Corp: A 2006 gasoline leak in Maryland was the impetus to a lawsuit filed on behalf of 160 plaintiffs. The jury awarded $1.5 billion in punitive damages in addition to $495 million in compensation for damage.
  • DuPont vs Kolon Industries Inc.: The theft of trade secrets regarding the manufacture of Kevlar prompted this lawsuit, in which a jury found South Korea-based Kolon guilty and awarded DuPont $919.9 million.

These are just a few examples of the harrowing severity of recent claims.

So why is this happening? What has prompted this uptick in severity? Galanski points to a “cultural shift,” explaining that “things have changed and there’s a strong sentiment stemming from the financial crisis — one which says we must punish the evil doers.”

If this is true, big businesses, if they haven’t already, should prepare accordingly.

 

Perilous Plane Landings at Airport in Spain

From Sully Sullenberger emergency landings to air traffic controllers falling asleep on the job, the U.S. aviation has been no stranger to scary risks over the past few years. But check out these perilous plane landings from last week at an airport in Spain. According to the U.K.’s Telegraph, crosswinds were a steady 40 mph at this Bilbao tarmac in northern Spain where gusts reached upwards of 80 mph. Amazingly, no flights were cancelled.

What’s Next for Walmart

In the wake of the massive bribery scheme that allegedly allowed one of the world’s largest companies to expand throughout Mexico and dominate its retail industry, many are left wondering what will happen next to Walmart.

The Week has a few ideas of what’s possible:

  1. U.S. authorities will go after Walmart aggressively 
The Justice Department may treat the Walmart scandal as “a prominent case to demonstrate the need for vigorous enforcement of the Foreign Corrupt Practices Act,” which prohibits U.S. corporations from bribing foreign officials, says Peter J. Henning at The New York Times. The government encourages American companies to disclose possible violations of the law, and rewards their honesty by reducing fines and dropping criminal charges. If the Justice Department finds that Walmart did cover up the scheme, it could come down even harder on the retailer.
  2. The investigation could spread to other countries 
Walmart “faces an uphill battle to convince U.S. regulators that its problems are confined to Mexico,” say Jessica Wohl and Carlyn Kolker at Reuters. Walmart has major operations in Brazil and China, and is banking on emerging markets in India and Africa to boost its profits in the coming decades. A wide-ranging global investigation, which could last as long as four years, will likely hamper its overseas growth.
  3. Executives could face dismissal and even prison
Walmart will likely face “pressure from shareholders to take action against any executives who didn’t act on the bribery allegations sooner,” say David Welch and Thom Weidlich at Bloomberg News. Indeed, cleaning house could be a prerequisite for any out-of-court settlement with the U.S. authorities. And experts aren’t ruling out “potential jail time for Walmart executives,” says Roland Jones at MSNBC.
  4. Congress will get involved 
Reps. Elijah Cummings (D-Md.) and Henry Waxman (D-Calif.) have already announced that they are launching an investigation into the scandal, requesting a face-to-face meeting with CEO Duke and other Walmart officials so that they “can respond to these allegations.”
  5. Walmart stocks are being hammered… 
Walmart’s share price fell by 5% the day after the story broke, as investors weighed the numerous factors that could hurt Walmart in the future, such as large legal fees and stunted international growth.
  6. …And so is its reputation — perhaps most damaging of all is the public relations hit the company is taking. This is a “huge black eye” for Walmart, “which prides itself on its reputation for integrity and transparency,” says Henry Blodget at Business Insider. The report undermines a years-long “campaign to improve its reputation as a good corporate citizen by changing its practices in such areas as labor relations,” says Ben W. Heneman Jr. at The Atlantic.
  7. Still, Walmart could fight back with legal technicalities 
The retail giant could argue that the bribes were “facilitating payments,” which, for example, are made to speed up the approval of permits, says Nathan Vardi at Forbes, and that such payments are technically legal under the Foreign Corrupt Practices Act (FCPA). Because the alleged bribery scheme unfolded in the mid-2000s, Walmart could also foil the Justice Department’s efforts to prosecute, by invoking the FCPA’s five-year statute of limitations.

That’s a pretty good summation of what’s likely to occur. But let’s not forget about the questions this event has has raised regarding Dodd Frank and the FCPA. Does the Dodd Frank act’s whistleblower provision apply to foreigners? And can foreigners qualify as eligible whistleblowers under the FCPA and, in turn, qualify for a monetary reward? There is a definite grey area in terms of both acts and it remains to be seen if this Walmart event will clear up anything.

“Brogrammers” Giving Silicon Valley a Bad Name?

According to a recent article, Silicon Valley tech firms are using marketing tactics geared more towards fraternity brothers than programming savants. The problem? Not only is it sexist at times, but it is alienating a large chunk of qualified tech professionals. Here are a few examples:

Of course, this is only a snipet of what’s going on as many of the antics are never publicized. Barbaic events like these may not only cost companies money (several businesses pulled their sponsorship from the Sqoot event), but it alienates those who may be talented programmers, but don’t adhere to the frat boy mentality.

There’s also an audience that feels left out of the joke. Women made up 21% of all programmers in 2010, down from 24% in 2000, according to the U.S. Bureau of Labor Statistics. Anything that encourages the perception of tech as being male-dominated is likely to contribute to this decline, says Sara Chipps, founder of Girl Develop It, a series of software development workshops. “This brogramming thing would definitely turn off a lot of women from working” at startups, says Chipps.

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But is this really a serious problem in Silicon Valley or just young men being young men? I’ve heard both sides of the argument. Some companies that have taken this seriously, such as Etsy, have decided to do something about it. The e-commerce website is donating $5,000 to at least 10 women in an attempt to lure female coders to New York’s Hacker School this summer.

Whether this is an epidemic that should cause concern or merely programmers acting their age, one thing is for sure — having a working environment void of diversity is akin to siloed idea generation.

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Silicon Valley should know this.

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