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Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

Navigating Yates Memo Minefield and Broadening of Excess Side-A DIC D&O Insurance Policies

by Perkins Coie on

Former Deputy Attorney General Sally Yates issued a memorandum (the Yates Memo) in September 2015 setting forth guidance on how the U.S. Department of Justice would handle future corporate investigations and, to the extent...more

Criminal Conviction Of De Facto Officer Does Not Preclude D&O Coverage

by Allen Matkins on

After a two week trial in 2013, a jury convicted Mitchell J. Stein, a lawyer, of mail, wire, and securities fraud based on evidence that he fabricated press releases and purchase orders to inflate the stock price of his...more

California Appellate Court Holds D&O Insurer Must Pay Cost of Insured’s Appeal Despite Criminal Conviction

In Stein v. Axis Ins. Co., No. B265069, 2017 Cal. App. Unpub. LEXIS 1628 (Ct. App. Mar. 8, 2017), the Second District California Court of Appeal had occasion to consider whether a criminal conviction is a “final adjudication”...more

Red Notice Newsletter - Chinese

LATAM Airlines Agrees to Pay $22 Million to Settle FCPA Cases - Last month, LATAM Airlines (“LATAM”), based in Santiago, Chile, agreed to pay $22 million to settle parallel civil and criminal proceedings involving...more

D&O Insurance—Issues to Consider Before a Claim Arises

by McDermott Will & Emery on

In Depth - Directors and officers (D&O) liability insurance remains a vital issue for companies and their directors and officers as potential sources of liability continue to evolve. More securities lawsuits were filed...more

Reflections on the Yates Memo

The Department of Justice (DOJ) released a potential game-changing enforcement policy to DOJ staff on 9 September 2015 called ‘Individual Accountability for Corporate Wrongdoing’ (the Yates Memo). The Memo, publicised...more

Court Of Chancery Explains Apportionment In Advancement Case

by Morris James LLP on

Not infrequently, a former director may seek to have his attorney fees advanced in two pending matters, only one of which is covered by a corporation’s advancement obligations. An example would be an SEC action coupled with a...more

New York Court Narrowly Construes “Final Judgment” Language In Fraud Exclusion: Does Your D&O Policy Protect You Through An...

by Reed Smith on

The New York Supreme Court, Appellate Division, First Department’s June 23 decision in Dupree v. Scottsdale Ins. Co., Case No. 653412-11, highlights the importance of negotiating favorable language in a fraud exclusion, a...more

Policyholder Warning: What One Provision Giveth (Defense Costs), Another Provision May Taketh Away

Professional liability insurance policyholders often breathe a sigh of relief when their insurer begins funding the costs of defending against a civil claim or government investigation. That is one of the reasons they bought...more

Two Oft-Neglected Cybersecurity Protections

With each passing year, cybercrime moves further into the mainstream of public company existence. What until recently was mostly an annoying, abstract concern for a handful of companies is now a daily menace that impacts...more

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

by Cozen O'Connor on

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

Court Decides Employer Had No Obligation To Pay Employee’s Attorney

by Allen Matkins on

Mention indemnification to a corporate lawyer, and you’re like to hear about Section 317 of the Corporations Code, the articles of incorporation and bylaws. But a corporate agent’s indemnification rights are not necessarily...more

California Court: Insurer Cannot Avoid Contractual Commitment to Defend Insured Against Federal Criminal Charges

by K&L Gates LLP on

In an important decision for directors, officers, non-profit executives and other insureds under directors and officers (D&O) and other liability insurance policies, the California Court of Appeal has held that an insurer...more

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

by Carlton Fields on

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

The Allianz FCPA Enforcement Action – What the Compliance Practitioner Needs to Know

by Thomas Fox on

Who is your favorite character from the Iliad? Is it Agamemnon the king who brings the Greek Armada to Troy for his brother’s honor; perhaps Ajax the mountain of a man who is the most loyal Greek warrior; how about Achilles...more

Pennsylvania Court Considers Coverage for Gerry Sandusky Under D&O Policy

In its recent decision in Federal Ins. Co. v. Sandusky, 2012 U.S. Dist. LEXIS 76880 (M.D. Pa. June 4, 2012), the United States District Court for the Middle District of Pennsylvania had occasion to consider whether a D&O...more

Rassegna Giurisprudenziale

Si riporta di seguito una breve rassegna dei provvedimenti maggiormente significativi emessi negli ultimi mesi in materia di responsabilità amministrativa degli enti ex D.Lsg. 231/2001. CORTE DI APPELLO DI BRESCIA –...more

Virginia Federal Court Grants Summary Judgment In Favor of D&O Insurer

In its recent decision in Farkas v. Nat'l Union Fire Ins. Co., 2012 U.S. Dist. LEXIS 38696 (E.D. Va. Mar 21, 2012), the United States District Court for the Eastern District of Virginia had occasion to consider the...more

Insurance Industry Developments for Spring 2012

by Foley & Lardner LLP on

In This Issue: - The Reinsurance Industry Needs to Understand and Comply With the FCPA - Federal Health Care Reform and the Supreme Court...more

Peple v Highgate LTC Management LLC

Criminal Liability for UnderstaffingNew York

by Melito & Adolfsen on

This is truly a "cautionary tale" about a Nursing Home that was held criminally liable for the acts of an employees. The Court held that a Limited Liability Company ("LLC") can be criminally liable and lose its license...more

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Cybersecurity

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