News & Analysis as of

Board of Directors Policy Exclusions

Woodruff Sawyer

Guide to Private Company D&O Insurance 2024

Woodruff Sawyer on

8 Reasons to Buy D&O Insurance 1. Attracting New Directors: D&O insurance makes board seats more attractive. 2. Investor Requirements: Some venture capital and private equity firms require that their portfolio companies...more

King & Spalding

D&O Coverage for COVID-19 Coronavirus-Related Lawsuits

King & Spalding on

The COVID-19 coronavirus (“coronavirus”) pandemic has caused significant financial and economic turmoil around the globe. Governments have announced unprecedented travel restrictions, global supply chains have been...more

Dechert LLP

Global Private Equity Newsletter - Spring/Summer 2019 Edition: Recent Developments in Acquisition Finance (Traps for Portfolio...

Dechert LLP on

A recent decision by the Superior Court of the State of Delaware highlights a risk of potential exposure to liability for individuals affiliated with private equity firms who are presumed to be covered by a directors’ and...more

Dorsey & Whitney LLP

D&O Insurance and the Two Words to Fear: Capacity Exclusion

Dorsey & Whitney LLP on

The Delaware Superior Court recently held in Goggin v. National Union Fire Insurance Co. (which you can read here) that private equity sponsors also serving as portfolio company directors may, under certain circumstances, not...more

Morris James LLP

Delaware Public Policy Does Not Preclude D&O Insurance Coverage for Fraud

Morris James LLP on

In Arch Insurance v. Murdock, (Del. Ch. Mar. 1, 2018), a D&O insurance coverage dispute, the state Superior Court’s complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause,...more

Proskauer - Insurance Recovery & Counseling

Insurance Coverage in the Post-Weinstein Era

With new headlines involving sexual harassment and other inappropriate sexual conduct continuing to emerge on a daily basis, insurance coverage for claims that might emerge is something every company should consider....more

McDermott Will & Emery

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

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

Allen Matkins

Was This Director Duly Elected Or Appointed?

Allen Matkins on

Suppose that a corporation’s bylaws includes the following two provisions: 1.  The Board of Directors shall consist of one or more members, the number thereof to be determined from time to time by the Board...more

Farella Braun + Martel LLP

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp.,...more

Mintz - Privacy & Cybersecurity Viewpoints

Cyber Risks for the Boardroom Part 3: Top Questions Directors Should be Asking about D&O Coverage

Our series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” continues – Part 3 of 5: Top Questions Directors Should Be Asking About D&O Coverage Directors never want to be in the unenviable...more

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