D&O Insurance

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Insurance Coverage for CFPB Investigations and Enforcement Actions

by Stephanie Robinson, Nanci Weissgold, Gregory Wright | K&L Gates LLP on 4/25/2013

Many companies and individuals that are facing investigations or subsequent enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) will be forced to incur substantial sums to defend such claims, to settle...more

Is That Covered? How Long Should I Keep an Insurance Policy?

by Michael R. Kelley | McNees Wallace & Nurick LLC on 4/11/2013

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Is Your D&O Policy Bankrupt-Ready? 10 Underwriting Tips To Protect Your Directors and Officers

by Rachel Kronowitz | Gilbert LLP on 4/2/2013

Protection of the personal assets of board members and c-suit corporate officers through indemnification and insurance is a challenge for financially troubled companies seeking to retain and hire the best people to help...more

New York Court Holds Professional Services Exclusion Applicable

by Traub Lieberman Straus & Shrewsberry LLP on 4/2/2013

In its recent decision in David Lerner Assocs. v. Philadelphia Indem. Ins. Co., 2013 U.S. Dist. LEXIS 46333 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York had occasion to...more

Maximizing Legal Protections for Directors of Nonprofit Corporations: A Timely Topic in Today’s Dangerous World

by Thomas Reiter, Susan Mussman Schwartz | K&L Gates LLP on 4/1/2013

Much like their counterparts on the boards of public companies, board members of many nonprofit corporations increasingly, and quite understandably, are raising questions concerning their potential personal liability and the...more

Nonprofit “To Do List” for 2013

by Kimberly McCarthy | Partridge Snow & Hahn LLP on 3/29/2013

Whether you run a nonprofit or serve on the board, you have a responsibility to make sure your organization is both in compliance and in shape to weather any storm or to take advantage of growth opportunities. But with...more

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

by Matthew Klebanoff, Angelo Savino | Cozen O'Connor on 3/8/2013

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

Insurance Coverage for Healthcare False Claims Act, Stark, and HIPAA/HITECH Government Investigations

by King & Spalding on 3/1/2013

Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more

Financial Coverage Issues: Obtaining D&O Proceeds

by Christopher B. Freeman, David M. Leonard, Christy L. MacPherson | Carlton Fields on 12/19/2012

Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type...more

Officer Liability for Bank Losses: The Jury Speaks

by John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 12/12/2012

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

Director Service: Is It Safe to Serve on a Public Company Board of Directors?

by Douglas W. Greene | Lane Powell PC - Securities / D&O Discourse on 12/11/2012

I am frequently asked about the safety of director service. Below is the text of a short article I wrote for a forthcoming issue of a business publication....more

Insurance Checklist for Mergers & Acquisitions: What Every Executive Should Know

by King & Spalding on 12/6/2012

Record levels of cash on company balance sheets, cheap financing, and the elimination of political uncertainty following the November presidential election have led many analysts to predict an uptick in M&A activity in the...more

Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees, and Independent Consultants

by Lowenstein Sandler LLP on 7/31/2011

Policyholders were recently granted a sweeping victory on critical issues of insurance coverage for subpoenas and securities-related costs in the Second Circuit’s MBIA Inc. v. Federal Insurance July 1, 2011, opinion. Perhaps...more

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