News & Analysis as of

Securities Fraud D&O Insurance

Wiley Rein LLP

Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements

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In a win for Wiley’s client, the United States Court of Appeals for the Seventh Circuit held, under Wisconsin law, that an exception for settlements of “Inadequate Consideration Claims” barred coverage for the insured’s...more

Woodruff Sawyer

Securities Class Actions Report: Mid-Year Update

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Good news: The downward trend of securities class actions against public companies continues as we look at the first half of 2022. If the trend holds for the second half of 2022, the rate of securities class action litigation...more

Dechert LLP

Securities and Derivative Litigation: Quarterly Update - May 2022

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As previously discussed in our report, “Developments in Securities Fraud Class Actions Against U.S. Life Sciences Companies,” 210 federal securities class actions were filed in 2021, a 34% drop from the 319 filings in 2020...more

Cozen O'Connor

Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard

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On March 16, 2022, in a unanimous decision the Delaware Supreme Court affirmed a Superior Court ruling that a securities class action and a later-filed opt out action were related claims, and thus the subsequent action was...more

Woodruff Sawyer

Securities Class Actions Report: Filings Against Public Companies Down for Second Year in a Row

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In 2021, 182 securities class actions were filed against issuers of stock listed on US exchanges. This statistic means that the total number of annual filings in 2021 was down 13% compared to 2020. As highlighted in our...more

Royer Cooper Cohen Braunfeld LLC

Delaware Supreme Court Finds Fraud Insurable

In a recent decision, the Delaware Supreme Court ruled that insuring against fraud does not per se violate Delaware public policy and held that the insured’s D&O policy covered claims alleging securities fraud. RSUI Indemnity...more

Farella Braun + Martel LLP

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more

Goodwin

New York Federal Court Dismisses Securities Fraud Claims Against Alkermes For Lack Of Fraudulent Intent

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New York Federal Court Dismisses Securities Fraud Claims Against Alkermes for Lack of Fraudulent Intent; Fourth Circuit Affirms District Court’s Denial of Leave to File Amended Complaint Against Triangle Capital as Futile;...more

Jones Day

2020 Securities Litigation Year in Review

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2020 was another active year for securities litigation in the United States. Federal securities class actions continued to be filed at record levels notwithstanding the COVID-19 pandemic. In fact, a number of those newly...more

White and Williams LLP

Securities Class Action Filings Continue at Record Levels: How Should D&O Insurers Respond?

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On January 29, 2020, Cornerstone Research released its annual report on securities class action filings. As expected, the report demonstrates that securities class actions in both federal and state courts continue to be filed...more

Troutman Pepper

#MeToo: Is Your Company Covered?

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A year ago, sexual assault allegations against movie mogul Harvey Weinstein rocked the entertainment industry and quickly led to the rise of the #MeToo movement, sparking an upsurge of reports and claims of sexual harassment...more

White and Williams LLP

Corporate Statements About GDPR Spark Securities Class Action Lawsuit

Since the European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018, commentators and analysts have speculated about the regulation’s potential effect on securities class action suits based...more

Bradley Arant Boult Cummings LLP

SEC Action Highlights Importance of Specific Language in Directors and Officers Insurance for Fintech and Other Startup Companies

The founder of Mozido, the fintech startup once claimed to be valued at $5.6 billion, has been named as a defendant in a civil lawsuit filed by the Securities and Exchange Commission (SEC). The complaint names Michael Liberty...more

Allen Matkins

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

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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

McDermott Will & Emery

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

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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

Cozen O'Connor

The Impact of Halliburton on Directors and Officers Insurance

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Over the past year, directors and officers have been anticipating the Supreme Court’s ruling in Halliburton Co. et al. v. Erica John Fund, Inc., No. 13-317. In its recent 9-0 decision, the Supreme Court retained the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Allows Rebuttal of Fraud on the Market at Class Certification Stage in Halliburton Co. v. Erica P. John Fund"

The Supreme Court of the United States today in Halliburton Co. v. Erica P. John Fund upheld the fraud-on-the-market presumption of reliance first recognized by the Court in Basic v. Levinson, but gave defendants a new tool...more

Dorsey & Whitney LLP

BAC CEO Pays $10 Million Plus D&O Bar To Settle NYAG Market Crisis Case

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Former Bank of America CEO Kenneth Lewis agreed to pay $10 million and to be barred from serving as an officer or director of a public company for three years to settle fraud charges brought by the New York Attorney General...more

Cozen O'Connor

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

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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

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