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D&O Insurance

Woodruff Sawyer

From Mars Back Down to Earth: Lessons from the Rescission of Elon Musk’s $55.8B Option Grant

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CEO compensation can be a source of concern for shareholders, which makes it a concern for the Delaware Chancery Court. Another major concern is director independence. The decision by the Delaware Chancery Court to void Elon...more

Kennedys

Macquarie says Second Circuit makes a mockery of Section 10(b)

Kennedys on

On January 16, 2024, the Supreme Court heard argument in Macquarie Infrastructure Corporation et al. v. Moab Partners LP et al., No. 22-1165. Macquarie presents an important issue for publicly traded companies and their D&O...more

Wiley Rein LLP

Third Circuit Holds that Insured Must Satisfy All Conditions Precedent in Excess Policy to Trigger Coverage

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The United States Court of Appeals for the Third Circuit, applying New Jersey law, has affirmed that an excess policy did not provide coverage when an insured could not satisfy an express condition precedent to coverage...more

Pillsbury - Policyholder Pulse blog

Navigating Insurance for NYC’s $708M Lawsuit Against 17 Bus Companies

In recent months, the United States-Mexico border has seen an unprecedented surge of migrants. With this wave, various state and local authorities across the nation have expressed a strain on their public resources and...more

Woodruff Sawyer

Time to Take the Plunge? Officer Exculpation Under Delaware Law

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For corporate officers, exposure to potential liability is part of the job. Two of the primary protections available to corporate officers come in the form of a tailored D&O insurance program and a favorable indemnification...more

Carlton Fields

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

Carlton Fields on

Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured...more

Woodruff Sawyer

What to Expect in 2024: An Economic Update with Nasdaq

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A year ago, you couldn’t avoid the talk about a brutal recession on the horizon—yet it didn’t materialize. At the end of 2023, economists said the data pointed to either a small recession or an avoidance altogether in 2023,...more

Wiley Rein LLP

Insured v. Insured Exclusion Bars Coverage for Lawsuit Brought by Both Insureds and Non-Insureds

Wiley Rein LLP on

The U.S. Court of Appeals for the Second Circuit, applying Kentucky law, has held that a D&O policy’s insured v. insured exclusion barred coverage for a lawsuit brought by a non-insured entity and other insured persons....more

Wiley Rein LLP

No Coverage for SEC Investigation of Insured Company

Wiley Rein LLP on

The Superior Court of Delaware has held that collateral estoppel bars an insured company from relitigating whether, under a second excess follow-form D&O policy, an SEC letter and order (collectively the “SEC Matter”)...more

Husch Blackwell LLP

The Risk of Being Under Insured

Husch Blackwell LLP on

What you need to know: 1. Purchasing inadequate amounts of insurance as a director can result in a lawsuit against you for which there might not be insurance coverage. 2. If your association objects to you as a director...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Woodruff Sawyer

Your Roadmap for Board Education in 2024

Woodruff Sawyer on

Effective board members know that staying current is key to upholding their responsibilities to their shareholders. The good news is there are numerous educational opportunities for directors offered in a variety of settings:...more

Wiley Rein LLP

Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in...

Wiley Rein LLP on

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, denied an insurer’s motion for summary judgment on the grounds that a genuine dispute of material fact existed as to...more

Woodruff Sawyer

The Price Is Wrong: Limiting D&O Exposure at Class Certification

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In federal securities class action litigation, the motion to dismiss is typically the main event, and class certification is something of a backwater. But earlier this year, the Second Circuit Court of Appeals wrote a...more

Wiley Rein LLP

Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion

Wiley Rein LLP on

The U.S. District Court for the District of Massachusetts, applying Massachusetts law, has held that a “former director and officer” exception to an insured v. insured exclusion in a private company management liability...more

Woodruff Sawyer

The Ins and Outs of D&O Indemnification Agreements

Woodruff Sawyer on

Sophisticated, experienced, and effective directors and officers rarely join a public company unless that company has a platform of protection that they deem adequate. The platform in this case relates to personal and...more

Wiley Rein LLP

Second Circuit Affirms Ruling That Excess D&O Insurer Is Not Required to Advance Defense Costs

Wiley Rein LLP on

The U.S. Court of Appeals for the Second Circuit, applying New York law, held that a former director is not entitled to injunctive relief requiring an excess D&O insurer to pay his defense costs because the director has not...more

Farella Braun + Martel LLP

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly...more

Woodruff Sawyer

Guide to D&O Insurance for IPO and Direct Listing Companies, 2024 Edition

Woodruff Sawyer on

Companies that have been waiting to do their IPO until conditions improve are gearing up. In fact, EY predicts the global IPO market will turn around in 2024 due to some improvements in key macroeconomic factors and...more

Woodruff Sawyer

Foreign Subsidiaries and D&O Insurance: Are You Prepared to Place?

Woodruff Sawyer on

My partner Jane Njavro is such an expert when it comes to international D&O issues. In this guest post she gives us a briefing on key issues when it comes to placing insurance for foreign subsidiaries of US companies. – Priya...more

Foley & Lardner LLP

How Companies Can Audit Insurance Policies to Determine PFAS Coverage

Foley & Lardner LLP on

Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion Does not Bar Coverage for False Claims Act Settlement

Wiley Rein LLP on

The Delaware Supreme Court has held that a professional services exclusion in a D&O policy does not bar coverage for a False Claims Act settlement. In 2017, a former employee of the insured mortgage loan company brought a...more

Woodruff Sawyer

SEC Investigations and D&O Insurance Coverage

Woodruff Sawyer on

In my last post, I explained why a full-blown Securities and Exchange Commission (SEC) investigation often results in legal fees and expenses that run well into seven or eight figures. (Again, this is just for legal costs at...more

Womble Bond Dickinson

Sam Bankman-Fried Case Provides Lessons on Fraud and D&O Insurance

Womble Bond Dickinson on

Sam Bankman-Fried’s criminal trial started this week; and on the same day, he sued one of his director & officer insurers. And a lot of people are asking, why? Is the timing a coincidence or on purpose? Shouldn’t he be...more

Kennedys

The end of defense within policy limits

Kennedys on

As of October 1, 2023, liability insurers admitted in Nevada may no longer issue or renew any liability policy where policy limits are eroded by defense costs, legal costs and fees and other expenses for claims. Professional...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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