News & Analysis as of

Legal Costs Indemnification

Robins Kaplan LLP

Advancement Proceedings: A Litigation Expense Your Client Might Not Have Anticipated

Robins Kaplan LLP on

When representing a client, it is helpful when law and logic align in an obvious manner. But alignment of law and logic sometimes appears murky at best, and often directly at odds. An example of this is when you need to...more

Bennett Jones LLP

The High Cost of Cost Indemnification: A Warning

Bennett Jones LLP on

A contractual indemnification can require the losing party in a lawsuit to pay the winning  party's full legal costs, the Alberta Court of Queen's Bench recently confirmed in Ruel v Rebonne, 2022 ABQB 486 [Ruel]. While courts...more

Zuckerman Spaeder LLP

The Safety Net of Delaware

Zuckerman Spaeder LLP on

Companies want to attract talented leadership, and protections for officers and directors against lawsuits can be part of the total package. This is one reason why many businesses incorporate in Delaware—Delaware law...more

Morris James LLP

Court Of Chancery Limits Fee Award To Account For Misconduct

Morris James LLP on

What will the Court of Chancery do when a Petitioner's attorney alters his records to increase the fees sought in an advancement or indemnification case? Here at least the Court disallows the altered fees, rather than barring...more

Mintz - Securities Litigation Viewpoints

Australia – A New Frontier for Plaintiffs?

With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more

K&L Gates LLP

Surviving in an Age of Individual Accountability: How Much Protection Do Indemnification and D&O Insurance Provide?

K&L Gates LLP on

We consider below how advancement of legal fees, indemnification, and insurance operate when officers and directors become involved in regulatory investigations and proceedings. Part I addresses the enhanced risk officers and...more

Cozen O'Connor

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

Cozen O'Connor on

On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

Morgan Lewis

Court Upholds Validity of ERISA Fiduciary Indemnification

Morgan Lewis on

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee....more

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