1. 2011 Professional Risk Symposium: EPL, E&O and Fiduciary SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD Chicago, IL ~ March 24 & 25, 2011

2. SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD Moderator: Mercedes Colwin, Esq., Managing Partner, Gordon & Rees, LLP Panelists: Brenda H. Feis, Esq., Partner, Stowell & Friedman, Ltd. Thomas P. Hams, Esq., Managing Director, National EPLI Practice Leader, Financial Services Group, A Division of Aon Risk Services Central, Inc. Kieran P. Hughes, JD, Vice President, Financial Lines Claims, Chartis Inc. Salvatore Pollaro, Managing Director, Markel Brett G. Rawitz, Esq., Managing Counsel-Global Labor & Employment Law, McDonald's Corporation

3. Cyber Bullying Defined To harass, threaten, or intimidate a coworker Cell phones Instant messaging Email Chat rooms Social networking sites

4. Workplace Bullying

5. Federal Legislation Although there is currently no Federal Legislation outlawing Cyber Bullying, the following legal remedies have been pursued: Defamation Intentional infliction of emotional distress Hostile work environment

6. State Legislation Against Cyber Bullying As of April 2009, 16 U.S. states have proposed legislation, which have typically allowed employees to sue their employers for creating an "abusive work environment”.

7. The Healthy Workplace Bill Has been introduced in 20 States since 2003 Allows you to sue the bully as an individual Holds the employer accountable Seeks restoration of lost wages and benefits Compels employers to prevent future instances

8. The Four Types of Online Information Weblogs Industry Forums Industry Boards Commercial Websites

9. Characteristics of Workplace Cyber Bullying Threatens victims earnings, employment, reputation or safety Cyber-bullying is about power and control Motivated by insecurity, jealousy or fear

10. Workplace Cyber Bullying Statistics 81% of bullies in the workplace are managers 11% of United States employees have been cyber bullied 45% of targets experienced health-related problems

11. Consequences of Cyber Work Place Bullying Victims of cyber bullying can experience both physical and mental symptoms, including: Sleeplessness Headaches Loss of appetite Acute anxiety Loss of self-esteem

12. Tactics Used by the Cyber Workplace Bully Verbal abuse, threats or intimidation Sabotage Malicious rumors or gossip Unreasonable work loads

13. How to Identify the Workplace Bully Staff turnover Excess absences Grievances Department suspensions Dismissals

14. What Triggers Cyber Place Bullying? Bullying can be triggered by: Previous target leaving New Manager Disobeying an order Challenging the status quo

15. Harassment Versus Workplace Bullying : What are the Differences? Bullying: Exclusively Psychological Anyone is a potential target False Allegations Elimination of Target Driven by Envy Harassment: Physical Components Sex and Race Offensive Language Stalking Domination

16. How to Stop Cyber Bullying: A Guide to Employers Promote a work culture where cyber bullying is not tolerated Clear, written and well- communicated policy Provide training Examples of what constitutes cyber bullying

17. How to Stop Cyber Bullying: A Guide to Employees Limit work email to work Block unwanted phone numbers Remain anonymous to “online friends”

18. Extreme Cases of Workplace Bullying Stress Absenteeism and low productivity Depression Suicide Post traumatic stress disorder

19. Extreme Cyber Bullying: The Death of Kevin Morrissey

20. Financial Consequences of Workplace Cyber Bullying Cyber bullying in the workplace results in: A loss of employment amounting to $19 billion Up to $6 billion annual loss in productivity $26 billion annually in work related diseases

21. Insurance Coverage for Workplace Bullying Strategies to avoid bullying claims  Be careful who you hire  Establish an anonymous tip line  Take swift action Coverage for bullying claims may exist  Potential worker’s compensation claim Wrongful acts under the EPLI Policy  Harassment  All forms of discrimination

22. Questions?

23. SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD Moderator: Mercedes Colwin, Esq., Managing Partner, Gordon & Rees, LLP Panelists: Brenda H. Feis, Esq., Partner, Stowell & Friedman, Ltd. Thomas P. Hams, Esq., Managing Director, National EPLI Practice Leader, Financial Services Group, A Division of Aon Risk Services Central, Inc. Kieran P. Hughes, JD, Vice President, Financial Lines Claims, Chartis Inc. Salvatore Pollaro, Managing Director, Markel Brett G. Rawitz, Esq., Managing Counsel-Global Labor & Employment Law, McDonald's Corporation