News & Analysis as of

D&O Insurance

Morris James LLP

CCLD Finds Insurer’s Advancement Obligation Triggered Prior to Final Non-Appealable Damages Judgment

Morris James LLP on

Ferrellgas Partners L.P v. Zurich American Insurance Company, C.A. No. N19C-05-275 MMJ CCLD (Del. Super. Aug. 20, 2020) - The Superior Court of Delaware, Complex Commercial Litigation Division recently expanded on its...more

Wiley Rein LLP

Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies

Wiley Rein LLP on

Applying New York law, a New York state trial court granted an insurer’s motion for summary judgment where an insured sought coverage under a private company D&O policy for a settlement it had paid for fraudulent filings for...more

Esquire Deposition Solutions, LLC

On COVID-19 Insurance Coverages: We Haven’t Seen Anything Yet

Esquire Deposition Solutions, LLC on

No doubt you’ve seen the Farmers Insurance ads claiming, “We know a thing or two because we’ve seen a thing or two.” Most describe insurance claims paid on foreseeable calamities caused by familiar animals — bears, deer,...more

Wiley Rein LLP

Insured v. Insured Exclusion Held Not to Bar Action Brought by Creditor Trust

Wiley Rein LLP on

The New York Supreme Court, Appellate Division, applying New York law, has held that an Insured v. Insured exclusion (IvI Exclusion) in a D&O policy did not bar coverage for an action brought by a creditor trust against...more

Novack and Macey LLP

CLO’s Wage Arbitration Did Not Bar Employer’s Malpractice Suit Under Res Judicata

Novack and Macey LLP on

Richard Fisher (“Fisher”) was the Chief Legal Officer for UFT Commercial Finance, LLC (“UFT”).  UFT’s CEO was Joanne Marlowe (“Marlowe”) (together with UFT, “the Plaintiffs”).  As CLO, Fisher allegedly advised the Plaintiffs...more

White and Williams LLP

Bankruptcy and D&O Insurance: Top Tips and Reminders

White and Williams LLP on

The effects of the COVID-19 pandemic on businesses in all sectors have been profound to say the least. One need only look at recent reports showing an over 30% drop in U.S. GDP between Q1 and Q2 to get a sense of the economic...more

Robins Kaplan LLP

Facing Novel Legal Issues Concerning Facial Recognition Technology in 2020

Robins Kaplan LLP on

Today, Facial Recognition Technology Is Everywhere. As It Invades Every Aspect Of Our Lives, Shutdown Or Not, Technological Advances, News Coverage, And Legal Approaches Concerning Such Technology Continue To Expand And...more

Goodwin

Restructuring: Top Ten Questions for Boards to Consider During a Down Cycle

Goodwin on

Board Decision Making in a Down Cycle - The last several months have been unprecedented in terms of how quickly and drastically business environments have changed. With widespread uncertainty and financial distress...more

Proskauer Rose LLP

A Fund Managers’ Guide to Maximizing D&O and E&O Insurance Coverage

Proskauer Rose LLP on

As the economic impact of COVID-19 continues to reverberate across all global industries, there is an increased risk of claims being asserted against private fund managers, their funds and portfolio companies, as well as key...more

Locke Lord LLP

Already Expensive D&O Insurance Premiums Getting Higher For Cannabis Companies

Locke Lord LLP on

We are cannabis attorneys, so naturally we like to tout good news for the cannabis industry. If that is what you are looking for here, however, don’t read the rest of this post. Simply put, there has not been a ton of good...more

Barnea Jaffa Lande & Co.

Remuneration Policy: New Reliefs for Officers' Insurance

Barnea Jaffa Lande & Co. on

The Israel Securities Authority announced a new relief for public companies regarding directors’ and officers’ liability insurance. This relief will enable companies to include in remuneration policies only the scope of the...more

JAMS

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

Farrell Fritz, P.C.

First Department Affirms Ruling on Scope of “Insured vs. Insured” Exclusion to D&O Policy, Gives Cause to Consider a Creditor...

Farrell Fritz, P.C. on

Disputes over the scope of insurance coverage are common fixtures in the Commercial Division Courts.  Earlier this month, the First Department partially affirmed Justice Sherwood’s decision in Westchester Fire Ins. Co. v....more

Cooley LLP

Blog: COVID-19 Lawsuits Could Lead to Wave of Insurance Claims

Cooley LLP on

As shelter-in-place orders begin to ease and businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. In...more

Jones Day

Directors' Duties—A European Overview: Financial Distress and COVID-19

Jones Day on

A company or group's financial distress causes significant turmoil for its owners, directors, managers, employees and often its suppliers and other creditors. For directors in particular, there are significant...more

Pillsbury Winthrop Shaw Pittman LLP

Implications of PPP Certifications for D&O Coverage

Pillsbury Winthrop Shaw Pittman LLP on

Check your D&O Policy carefully before signing. In the coming months, we will inevitably see new charges brought by the DOJ against borrowers for false statements made in PPP loan applications....more

Orrick, Herrington & Sutcliffe LLP

Financing a Distressed Private Company – De-Risking Inside Rounds

Orrick, Herrington & Sutcliffe LLP on

During economic downturns, private technology companies often seek emergency funding from existing VC and growth equity investors. These financings, sometimes called “inside rounds,” create conflicts of interest for boards...more

Orrick, Herrington & Sutcliffe LLP

Acquiring a Distressed Private Technology Company – A Roadmap

Orrick, Herrington & Sutcliffe LLP on

After years of sky-high valuations, private equity funds and strategics will have ample opportunity to buy technology companies at a discount in the wake of the COVID-19 crisis. This article highlights the unique...more

Orrick, Herrington & Sutcliffe LLP

Time to Review D&O Liability Protections in Distressed Private Companies

Orrick, Herrington & Sutcliffe LLP on

The COVID-19 pandemic is testing the oversight and management skills of directors and officers (“D&Os”) of all businesses, especially lean private companies....more

Jones Day

Prepare Now for the Coming Wave of COVID-19-Related D&O Insurance Claims

Jones Day on

The Situation: Corporate policyholders and their directors and officers may soon face lawsuits and claims arising from COVID-19 as the economy reopens and companies, their employees, and consumers get back to business. The...more

Bowditch & Dewey

Extending Liability Coverage By Providing Notice of Circumstances

Bowditch & Dewey on

Litigation concerning COVID-19 has already begun. A number of lawsuits have been filed against cruise lines alleging that they were negligent by operating with infected passengers and crew members and failing to screen...more

Lowenstein Sandler LLP

Preparing For COVID-19 Insurance Claims

Lowenstein Sandler LLP on

The COVID-19 pandemic has created a public health and economic crisis of unprecedented magnitude. In the coming weeks and months, it will also lead to insurers, regulators and policyholders clashing over claims issues...more

Husch Blackwell LLP

Director & Officer Theft Of Funds–Your Community Association Needs Fidelity Insurance

Husch Blackwell LLP on

FACTS- David Jensen, a longtime municipal judge, respected civil servant, and owner of an insurance company embezzled more than $40,000 from his homeowner’s association (HOA) in the last three years. This is the second case...more

Morrison & Foerster LLP

Coronavirus (COVID-19): Coronavirus-Related Insurance Litigation Has Already Begun

Morrison & Foerster LLP on

The coronavirus crisis has had a devastating impact on economic activity across a variety of sectors and geographic areas, and companies have already begun to look to their insurers for coverage of losses arising out of the...more

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