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Indemnification D&O Insurance

Venable LLP

Indemnification Agreements under Maryland Law: Additional Protection for Directors and Officers

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As scrutiny of public companies continues to increase, it is important for directors and officers to understand the full range of protections from personal liability available to them and for a company to be cognizant of its...more

Conyers

Directors in the Firing Line

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While those running companies may be aware of the numerous management and accounting breaches that can give rise to civil liability, there is generally less recognition of the possibility that breaches can also give rise to...more

Woodruff Sawyer

An Easy-to-Understand Guide to Private Company D&O Insurance - 2023 Edition

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8 Reasons to Buy D&O Insurance - 1. Attracting New Directors: D&O insurance makes board seats more attractive. 2. Investor Requirements: Some venture capital and private equity firms require that their portfolio...more

Cozen O'Connor

Seventh Circuit Affirms Insurers’ Application of Bump Up Provision to Exclude Coverage

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On January 23, 2023, the U.S. Court of Appeals for the Seventh Circuit, in Komatsu Mining Corp. v. Columbia Casualty Company et al., (applying Wisconsin law), affirmed a district court’s holding that a settlement in...more

Woodruff Sawyer

Boards Buy D&O Insurance—Shouldn’t Trustees Also be Protected?

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Directors and officers (D&O) liability insurance is designed to protect management from personal liability for a claim resulting from an alleged breach of fiduciary duty while managing the operations of a company. The...more

Woodruff Sawyer

Personal Liability Protection: A Simple Guide for Directors and Officers

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As a director or officer of a public or private company, you need to have strong protections in place to reduce your exposure to personal liability, as well as appropriately respond in case you become subject to an...more

Cooley LLP

Indemnity and Insurance: How Directors and Officers Can Enhance Their Protections

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Whether they are new executive leaders or longtime members of a corporate board, directors and officers should be considering two prongs of protection – a robust insurance program and a tailored indemnification agreement. ...more

Woodruff Sawyer

Director & Officer Liability Issues Post-Roe: Dobbs v. Jackson FAQs

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Dobbs v. Jackson Women’s Health Organization is the landmark US Supreme Court decision that effectively overturned settled case law (Roe v. Wade) by holding that the United States Constitution does not confer the right to...more

A&O Shearman

Individuals under investigation: questions to ask regarding D&O cover and company indemnities

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A manager or executive under investigation, either internally by the company, or by an authority, should understand the protection offered by D&O policies and company indemnity contracts, and in particular what those products...more

Woodruff Sawyer

An Easy-to-Understand Guide to Private Company D&O Insurance

Woodruff Sawyer on

8 Reasons to Buy D&O Insurance - 1. Attracting New Directors: D&O insurance makes board seats more attractive. 2. Investor Requirements: Some venture capital and private equity firms require that their portfolio...more

Wiley Rein LLP

Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy

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The Delaware Superior Court has held that an insurer is not obligated to reimburse or advance an insured’s attorneys’ fees and costs incurred in defense of an appraisal action because the appraisal action is not a claim for a...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

Morgan Lewis

Delaware Fully Embraces Captive Insurance as an Option to Protect Directors and Officers

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Delaware amended its Corporation Law (Section 145(g)) to expressly permit the use of captive insurance to protect directors and officers, including from claims for which indemnification is prohibited, joining many other key...more

Woodruff Sawyer

Take Personal Indemnification Agreements Seriously as D&O Insurance Rates Rise

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If you are serving as an officer or director of a public company (or a large private company), it has never been more important to make sure that you have an aggressively protective personal indemnification agreement. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insurance Considerations for Directors and Officers of Delaware Entities

As directors and officers (Ds&Os) face exposure to potential personal liability claims, they should consider the principal protections available to them. Part one of this two-part series provided a “nuts and bolts” overview...more

Skadden, Arps, Slate, Meagher & Flom LLP

Indemnification Considerations for Directors and Officers of Delaware Entities

Directors and officers (Ds&Os) face exposure to potential personal liability for claims made against them in their capacity as directors and officers of the companies that they serve. This article is part one in a two-part...more

Orrick, Herrington & Sutcliffe LLP

Financing a Distressed Private Company – De-Risking Inside Rounds

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

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

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

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

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On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

A&O Shearman

D&O insurance and the new BCC

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On 1 May 2019, the much discussed new Belgian Code on Companies and Associations (the new BCC) entered into force in Belgium. This eAlert focuses specifically on the new rules on directors' liability that are applicable to...more

Pillsbury - Policyholder Pulse blog

The Private Vs. Public D&O Insurance Forum: Important Considerations for Companies Looking to Avoid Growing Pains

Although it has become common for corporate directors and officers to face claims seeking to hold them personally liable for alleged damages resulting from actions taken in their official capacity, it wasn’t always this way....more

Kelley Drye & Warren LLP

Opioid–Related Litigations on the Rise

Potential costs and expenses for liability for opioid based claims are formidable, leaving many companies wondering whether insurance policies offering commercial general liability insurance (“CGL”), product liability...more

Jones Day

New Insurance Risks for Directors & Officers in Germany

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The Situation: Claims brought by insolvency administrators under Section 64 of the German Limited Liability Companies Act are not only among the most common, but also the most financially significant, claims faced by the...more

Hogan Lovells

Directors and officers in M&A litigation

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We’ve asked lawyers from our offices in Spain, France, Germany, the Netherlands, and the U.S. to talk about when directors and officers get caught up in M&A litigation....more

Carlton Fields

Six Degrees Of Separation: Eleventh Circuit Upholds a Broad ‘Related Claims’ Provision

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“Related Claims” provisions in directors and officers (D&O) and errors and omissions (E&O) policies, while common, can spawn disagreement as to scope and application. ...more

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