Insights

In the fall of 2011, the U.S. Treasury Department's Financial Crimes Unit (FINCEN) passed a rule that affects gift cards issued by retailers. The Prepaid Access Rule requires providers and sellers of "prepaid access" such as stored value cards, gift... Read More

The following sets forth an overview of the liabilities and potential damages for violations of the Ohio Securities laws. Read More Read More

Side A policies afford the ultimate backstop protection for directors and officers. Extraordinarily broad coverage terms and limits of liability dedicated to only the insured persons provide strong assurance to directors and officers that their personal assets will be protected... Read More

One of the most important provisions in a directors and officers liability insurance policy is the Application severability clause. Such a provision determines in large part the extent to which coverage for a director or officer may be jeopardized by... Read More

For nearly 100 years, the U.S. antitrust laws have prohibited a person from serving as a director or officer of two or more large companies which compete. Read More Read More

Allocation refers to the process of determining the amount of defense costs and any settlement or judgment which is properly attributable or “allocated” to covered claims against insureds, on the one hand, and uninsured claims against insureds and others, on... Read More

The monitoring of a company’s corporate compliance program has long been viewed as an important part of the directors’ oversight responsibilities. An effective compliance program can reduce many of the company’s greatest risks, reduce the severity of claims and penalties... Read More

Prior to 2000, it would have been difficult to identify any settlement or judgment of more than $100 million in a “typical” D&O lawsuit. For a variety of reasons, even the most dangerous cases for directors and officers to defend... Read More

Defense costs in D&O claims continue to increase dramatically, particularly in class actions alleging violations of federal securities laws. There are many reasons for this increase, but one of the primary reasons is the defendant insureds’ failure, for whatever reason,... Read More

Cyber risks have become a major potential loss exposure for most corporations. Although nonexistent just a few years ago, most companies today are vulnerable to a growing list of threats relating to technology misuse. Not surprisingly, as businesses have become... Read More

One of the most important issues under excess insurance policies relates to when liability attaches to the excess policy. In recent years, attachment disputes have arisen with increased frequency, particularly under excess D&O insurance policies. In many large D&O cases... Read More

When a company becomes involved in an actual or proposed merger or acquisition (“M&A”), its directors are thrust into a highly volatile and dangerous claims environment. Particularly with respect to directors of the acquired or target company, any decision to... Read More