News & Analysis as of

Professional Liability Corporate Counsel

Troutman Pepper

D&O and Professional Liability 2023: A Year in Review

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The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Hinshaw & Culbertson LLP

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

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Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more

Hinshaw & Culbertson LLP

[Event] 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 7th - 9th, Chicago, IL

Do you have plans for March 7-9? Join us at Hinshaw's 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) at The Ritz-Carlton Chicago. Register by January 27 to take advantage of the Early Bird Discount. Join...more

Manatt, Phelps & Phillips, LLP

The Chaotic Health Care Landscape in a Post-Roe World

The Big Picture - On June 24, the Supreme Court of the United States issued a far-reaching decision, Dobbs v. Jackson Women’s Health Organization, that repudiates nearly 50 years of precedent on a woman’s right to abortion...more

Woodruff Sawyer

Do In-House Lawyers Need Insurance Coverage for Malpractice?

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As the litigation environment for directors and officers gets more intense, in-house lawyers are asking the question: Do I need malpractice insurance? It’s a good question. If needed, the type of insurance in-house counsel...more

Hinshaw & Culbertson LLP

[Event] 21st Annual Legal Malpractice & Risk Management Conference (LMRM) - March 1st - 3rd, Chicago, IL

Please join us for the 21st Annual Legal Malpractice & Risk Management Conference (LMRM) for one-and-a-half days of practical and engaging panel sessions focused on current and important developments in the law, litigation of...more

Hinshaw & Culbertson LLP

[Virtual Event] 20th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 2nd - 4th, 10:00 am - 3:00 pm CT

Please join us for the 20th Annual Legal Malpractice & Risk Management (LMRM) Conference—An All New Virtual Experience for three half-days of practical and engaging online programming focused on current and important...more

Hinshaw & Culbertson LLP

[Event] 19th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

This is a must-attend event for law firm general counsel and managing partners, in-house corporate counsel, professional liability practitioners, legal malpractice insurance professionals, and any practicing lawyer concerned...more

Polsinelli

Operation Delaware Shield: The Corporate Veil Is Alive and Well

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In the recently concluded Cornell Glasgow, LLC v. Nichols, the Delaware Court of Chancery endorsed and upheld shielding individuals from personal liability through the "best practices" use of limited liability entities in...more

Mintz - Health Care Viewpoints

A Cautionary Tale for Companies With Potential False Claims Act Exposure

A False Claims Act suit can be a company’s worst nightmare, as it may potentially result in large settlements and awards on account of the statute’s trebled damages provision. However, the nightmare for AmerisourceBergen was...more

Proskauer - Insurance Recovery & Counseling

Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage

A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition. These cases, one holding for the insured and one...more

Parker Poe Adams & Bernstein LLP

Three New Weapons to Combat Shareholder Litigation

Over the past several years there has been an overwhelming abundance of class action shareholder litigation. A study by Cornerstone Research found that in 2013 alone, 94% of mergers and acquisitions worth over $100 million...more

Proskauer - Insurance Recovery & Counseling

Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language

A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy. The court in U.S. Bank National Ass’n et al. v. Indian Harbor...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Underscores Heightened Pleading Standard Necessary to Support a Claim for Breach of Fiduciary Duty In...

In Houseman v. Sagerman, C.A. No. 8898-VCG, 2014 WL 1478511 (Del. Ch. Apr. 16, 2014), the Delaware Court of Chancery (Glasscock, V.C.) granted, in part, a motion to dismiss filed by certain directors and the financial advisor...more

Stinson LLP

Privileged Status Of Internal Investigations At Risk - Court Finds Reports From Company's Internal Investigation Are Not...

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A recent ruling by the U.S. District Court for the District of Columbia puts the privileged status of internal investigations conducted by internal resources at risk.In U.S. ex rel. Harry Barko v. Halliburton Company, the...more

Dorsey & Whitney LLP

FCPA Enforcement And Difficult Choices For Corporate Directors

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Aggressive FCPA enforcement in recent years has presented corporate officials with difficult choices regarding compliance and cooperation. Crafting, implementing and maintaining an effective FCPA compliance system can be time...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

Dorsey & Whitney LLP

SEC Names Company, Eight Directors and Officers In Financial Fraud Actions

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Since the market crisis enforcement officials have heard repeated calls to prosecute not just companies but high ranking corporate officials. While the Commission brought a series of market crisis actions against firms and...more

Davis Wright Tremaine LLP

Professional and Trade Association Codes of Ethics Can Lead To Antitrust Trouble

Professional and trade associations contribute to the public welfare in many ways, including disseminating information, promoting research, developing standards and spurring industry initiatives. But such associations...more

Bradley Arant Boult Cummings LLP

FDIC Bars Financial Institutions from Purchasing Insurance Coverage for Civil Monetary Penalties for Directors and Officers: FDIC...

We recently notified you of the FDIC’s Financial Institution Letter 47-2013 , which urges directors and officers of financial institutions to examine their institutions’ directors and officers (D&O) insurance coverage to...more

Thomas Fox - Compliance Evangelist

The SEC Talks About Chief Compliance Officers

Recently, the SEC’s Division of Trading and Markets provided guidance on the potential liability of compliance and legal personnel at registered broker-dealers through a series of answers to eight Frequently Asked Questions...more

Morgan Lewis

UK High Court Clarifies Scope of Directors’ Duties

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Court holds that directors may legitimately defer to the views of fellow directors if persuaded that the views are in the best interests of the company. On 18 October, in Madoff Securities International Limited (In...more

Troutman Pepper

SEC Hits The ‘Reset Button’ On Failure To Supervise Liability For Legal And Compliance Personnel

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On September 30, 2013, the U.S. Securities and Exchange Commission (SEC) – quietly, and with little fanfare – released an informal statement of policy in the form of frequently asked questions (FAQ), in which it addressed its...more

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