Angelo Savino

Angelo Savino

Cozen O'Connor

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Eleventh Circuit Holds No Duty to Defend Directors Serving in Mixed Capacities

On June 22, 2015, the 11th Circuit affirmed a Georgia federal court decision that there was no coverage under a director’s and officer’s (D&O) insurance policy for claims asserted by beneficiaries of a family trust against a...more

7/3/2015 - Beneficiaries Closely Held Businesses D&O Insurance Duty to Defend Family Trusts Policy Exclusions Trustees Willful Misconduct

Supreme Court Expands Scope of Fiduciary Liability

In Tibble v. Edison International, the U.S. Supreme Court expanded the scope of the duty of prudence owed by ERISA fiduciaries. Although ostensibly a case about the statute of limitations, the Court ruled that trustees of...more

5/29/2015 - 401k Breach of Duty Duty of Prudence Duty to Monitor ERISA Fiduciary Duty Mutual Funds Retirement Plan SCOTUS Statute of Limitations Tibble v Edison Int

Georgia Supreme Court: Insured Cannot Sue for Settlement Amount of Bad Faith Absent Insurer’s “Consent to Settle”

On April 20, 2015, the Georgia Supreme Court unanimously held that when an insured fails to seek its insurer’s consent to settle a claim, the insured cannot pursue litigation against its insurer to recover settlement amounts...more

4/24/2015 - All-Party Consent GA Supreme Court Insurance Litigation Settlement

Disclaimer Requirement of N.Y. Insurance Law § 3420(d)(2) Held Not to Apply to Property Damage Claims

The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp....more

7/17/2014 - Disclaimers Duty to Defend Insurance Industry Property Damage

The Impact of Halliburton on Directors and Officers Insurance

Over the past year, directors and officers have been anticipating the Supreme Court’s ruling in Halliburton Co. et al. v. Erica John Fund, Inc., No. 13-317. In its recent 9-0 decision, the Supreme Court retained the...more

7/10/2014 - Basic v Levinson Class Certification D&O Insurance Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

Supreme Court Rejects Presumption of Prudence for ESOP Fiduciaries

On June 25, 2014, the Supreme Court of the United States, in Fifth Third Bancorp v. Dudenhoffer, declared that no “presumption of prudence” applied to fiduciaries of “employee stock ownership plans” (ESOPs). ...more

7/10/2014 - Corporate Counsel Duty of Prudence ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Popular SCOTUS US Bancorp

The Second Circuit Confirms the SEC’s Ability to Settle Without Requiring Admissions of Wrongdoing

In November 2011, Judge Jed Rakoff of the Southern District of New York ignited a firestorm of commentary and concern among the securities bar by declining to approve a settlement between the SEC and Citigroup in which the...more

6/11/2014 - Admissions of Liability Citigroup Enforcement Actions Judge Rakoff Neither Admit Nor Deny Settlements SEC SEC v Citigroup Settlement

Chen v. Howard-Anderson: A Study in the Standards of Review and of D&O Conduct in the Merger Context

Litigation over challenges to corporate mergers has swelled in recent years, exposing directors, officers and their D&O insurers to large amounts of defense costs and potentially great liability. The Delaware Chancery Court...more

5/9/2014 - Board of Directors Corporate Officers D&O Insurance Disclosure Exculpatory Clauses Fiduciary Duty Mergers Standard of Review

Washington Appellate Court Holds That Below-Limits Settlement Fails to Trigger Excess Policies

On November 12, 2013, in Quellos Group LLC v. Federal Insurance Company, the Washington Court of Appeals affirmed summary judgment in favor of two excess professional liability insurers because the excess policies “require[d]...more

11/26/2013 - Excess Policies Policy Limits Settlement

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more

11/13/2013 - Class Action Class Certification Daubert Standards Disqualification Expert Witness Witness

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

11/1/2013 - Advances Aleynikov Attorney's Fees Corporate Officers Criminal Prosecution Goldman Sachs Indemnification Legal Costs Misappropriation Trade Secrets

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

5/15/2013 - Attorney's Fees Attorney-Client Privilege Bad Faith Breach of Contract Discovery Fees Insurance Industry Motion to Compel

Second Circuit Further Curtails Duty of Prudence Claims in Saint Vincent Catholic Medical Centers v. Morgan Stanley

In a line of recent cases, the 2nd Circuit has limited ERISA plaintiffs’ claims for breach of the duty of prudence by holding that investments of benefit plan funds in employer securities pursuant to plans calling for such...more

5/8/2013 - Asset Diversification Defined Benefit Plans Duty of Prudence ERISA Fiduciary Duty Morgan Stanley Risk Management

Gabelli v. SEC: The Supreme Court Limits the Statute of Limitations for SEC Actions

In a recent unanimous decision, the U.S. Supreme Court held that the Securities Exchange Commission (SEC) has five years from the date when an alleged fraud begins – not from the date when the SEC uncovers the fraud – to...more

3/20/2013 - Discovery Rule Gabelli v SEC SCOTUS SEC Securities Fraud Statute of Limitations

The Material Impact of the Amgen Decision on D&O Insurance

In Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (Slip Op. Feb. 27, 2013), the U.S. Supreme Court, in a 6-3 majority opinion (Ginsburg, J.), affirmed the U.S. Court of Appeals for the 9th Circuit’s...more

3/8/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification D&O Insurance Fraud-on-the-Market Materiality Misrepresentation Pleading Standards SCOTUS Securities Fraud

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