BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month November 20, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

EPLI Coverage Disputes: Making and Resolving Claims; Current Litigation Trends

Harassment and Discrimination, Return-To-Work Policies, Use of AI in Employment and HR Decisions

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Description

Employers everywhere are bracing for an increase in employment-related claims, especially for harassment and discrimination, return-to-work policies, and the use of AI in employment and HR decisions, in addition to managing the continuing wave of wage and hour claims. Counsel advising employers and defending claims should be aware of recent and emerging trends in EPLI related to both coverage for the costs of defending a lawsuit as well as for judgments and settlements.

EPLI policies offer coverage for many employee claims, such as sexual harassment, unfair promotion practices, wrongful termination, invasion of employee privacy, illegal background checks, and infringement of religious liberties and freedom of speech. However, EPLI policies can vary widely on fundamental issues such as what acts the policy covers, who are the insureds, and exclusions. 

EPLI is of particular importance in a changing regulatory environment. Employer policies that implemented the priorities advocated by the prior administration may now spawn rather than avert claims. In some cases, protections have been enhanced.

Listen as our expert panel discusses trends and developments in EPLI coverage and best practices for using EPLI to mitigate risk.

Presented By

Richard W. Boone Jr.
Partner
Wilson Elser, LLP

Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.

Matthew W. Burr
Human Resources Consultant, Owner
Burr Consulting, LLC

Mr. Burr has over 18-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. Mr. Burr specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. He has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. Mr. Burr works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Mr. Burr is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). He works as a trainer at Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). Mr. Burr also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. 


David A. Gauntlett
Principal
Gauntlett Law

Mr. Gauntlett serves as lead counsel in intellectual property and antitrust insurance coverage disputes pending in more than 30 states. He is recognized for his work in precedent-setting coverage litigation involving patent, trademark, and copyright infringement, as well as trade secret misappropriation and unfair competition claims. Mr. Gauntlett is admitted to practice before the U.S. Supreme Court, the Federal Circuit, eleven U.S. Courts of Appeal, and 24 U.S. District Courts—including all federal districts in California, Florida, Illinois, New York, and Wisconsin. He serves as lead counsel in intellectual property and antitrust insurance coverage disputes pending in more than 30 states. Mr. Gauntlett is recognized for his work in precedent-setting coverage litigation involving patent, trademark, and copyright infringement, as well as trade secret misappropriation and unfair competition claims. He is admitted to practice before the U.S. Supreme Court, the Federal Circuit, eleven U.S. Courts of Appeal, and 24 U.S. District Courts—including all federal districts in California, Florida, Illinois, New York, and Wisconsin.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, November 20, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Overview of EPLI policies

II. Common EPLI coverage issues

A. "Wrongful act" triggers

B. Application errors

C. Nonmonetary claims

III. Current trends and issues

A. Harassment and discrimination; retaliation

B. Return-to-work policies

C. Use of AI in employment and HR decisions

D. Wage and hour claims

IV. Navigating regulatory changes

The panel will review these and other relevant topics:

  • What is the best use of EPLI in retaliation claims? In discrimination claims?
  • How are new technology, regulatory changes, and the makeup of the workforce affecting employer risk?
  • How have regulatory policies and priorities changed since January 2025?
  • What is the effect of social inflation?