Patrick Kennell

Patrick Kennell

Nelson Brown & Co.

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Delaware Court Enforces “Loser Pays” Bylaw, Opens the Door for D&O Insurers to Better Assess and Control Shareholder Litigation...

The Delaware Supreme Court held that a corporation’s fee-shifting bylaw is enforceable as long as the bylaw is not adopted for an inequitable purpose. A first of its kind, this ruling seems poised to change dramatically the...more

5/23/2014 - Attorney's Fees Bylaws D&O Insurance Delaware General Corporation Law Directors Fee-Shifting Statutes Officers Shareholder Litigation Shareholders

K2-II Update: Insurers’ Breach of Duty Does Not Result in Automatic Liability in New York

In a 4-2 split, the New York Court of Appeals unwound a 2013 ruling that raised significant concern for insurers in denying requests for defense in liability matters. As a result, it is once again the rule in New York that an...more

2/20/2014 - Breach of Duty Duty to Defend Exclusions Indemnification Insurance Companies

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