News & Analysis as of

Insolvency D&O Insurance

Foley Hoag LLP

The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

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Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as...more

Proskauer Rose LLP

Private Credit Lenders: D&O Insurance in Times of Distress

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It seems inevitable there will be an uptick in private credit defaults as economic conditions further deteriorate. What steps are you taking in terms of portfolio management to prepare for the next cycle with respect to...more

Baker Donelson

The Bankruptcy Corner: Is Your D&O/Lender Liability Coverage High Danger Proof?

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When Baker Donelson's Advocacy Department invites the Corporate Restructuring & Bankruptcy (CRaB) practice group to submit an article for the Trial Spotlight Newsletter it creates the editorial equivalent of hockey's...more

Latham & Watkins LLP

Aufatmen bei Unternehmensleitern und Insolvenzverwaltern: Bundesgerichtshof bestätigt D&O-Deckung bei Insolvenzverschleppung

Latham & Watkins LLP on

Der Bundesgerichtshof (BGH) hat mit Urteil vom 18. November 2020 (IV ZR 217/19) entschieden, dass Ansprüche gegen GmbH-Geschäftsführer auf Ersatz von Zahlungen, die nach Insolvenzreife vorgenommen wurden, vom...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

Jones Day

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

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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

Stinson LLP

The Director’s Dilemma: An Overview of Director Fiduciary Duties when Insolvency Looms

Stinson LLP on

Boards of directors across the U.S. are currently wrestling with existential threats arising from the COVID-19 pandemic. In addition to the logistical and productivity challenges that come with decentralizing entire...more

Jones Day

New Insurance Risks for Directors & Officers in Germany

Jones Day on

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

K&L Gates LLP

Maximising D&O Insurance Recoveries in Insolvency

K&L Gates LLP on

Insurance claims represent assets in insolvency which may be capable of realisation or assignment by an insolvency practitioner (IP). If properly managed, such claims can prove to be a significant source of recovery. ...more

Bradley Arant Boult Cummings LLP

Beware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more

A&O Shearman

Directors’ liability D&O: Entering uncharted territory

A&O Shearman on

Welcome to this the fifth edition in our series of surveys on directors’ liabilities, brought to you by the international law firm Allen & Overy LLP and the global advisory broking and solutions company Willis Towers Watson. ...more

Dechert LLP

Restructuring and Insolvency Bulletin Issue 1 - 2017: United States: D&O Insurance Policies – a cautionary tale: the Peril of...

Dechert LLP on

Directors and officers (D&Os) of troubled companies should be highly sensitive to D&O insurance policies with Prior Act Exclusion. While policies with such exclusion may be cheaper, a recent decision by the U.S. Court of...more

King & Spalding

Avoid the “Insolvency Exclusion” Trap in E&O Policies: Tennessee Federal Court Confirms That Insolvency Exclusion Does Not Apply...

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As the wave of litigation spawned by the 2008 financial crisis begins to ebb, insurance-coverage litigation arising out of the credit crisis continues unabated. Financial institutions have successfully pursued insurance...more

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