Insights

The popularity of Side A D&O insurance policies (which insure only non-indemnified losses incurred by directors and officers) continues to increase. As both outside directors and officers become more familiar with the extraordinary protections available through a broad and high-quality... Read More

The business judgment rule (BJR) has served for decades as the single most important protection against personal liability for directors and officers. First developed by courts over a century ago, this common law defense prevents courts from second-guessing the quality... Read More

Approximately 30% of the 250 largest industrial companies in the U.S. include on their boards of directors a lawyer, most of whom are partners in a law firm which represents the corporation. From the lawyer’s standpoint, this practice helps strengthen... Read More

Even to a casual observer, it seems increasingly likely that profound changes to global climate patterns are occurring. Record high temperatures, drought conditions and catastrophic weather events seem almost common today. Divergent interest groups all recognize something very disturbing is... Read More

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (“JOBS Act”). For an estimated 97% of all businesses in the U.S., the new legislation is the most significant change since enactment of the Securities... Read More

As more D&O insurers and greater capacity enter the D&O insurance market, many insureds are reexamining an age-old D&O insurance issue: is it better to place an entire D&O insurance program with one (or a select few) insurers, or is... Read More

For many years, companies and boards of directors have used internal investigations to address potential or identified wrongdoing within the company. Typically, these internal investigations are conducted by or with the assistance of outside counsel, who provide both expertise and... Read More

The scope of coverage afforded under D&O and other types of policies is determined based not only on the terms and conditions of the policy, but also on the law applicable to the policy. Brokers and insureds correctly devote a... Read More

The term "allocation" refers to the process of determining the amount of defense costs, settlements or judgments which is properly attributable or "allocated" to covered Claims against covered persons, on the one hand, and uninsured claims against uninsured persons, on... Read More

Every wave of business failures or scandals leaves a legacy of lessons learned. For example, the dot.com debacle in the late 1990s taught investors not to ignore lack of profitability or business fundamentals and to avoid irrational exuberance. The Enron... Read More

This report analyzes the primary differences in management liability and insurance issues between these alternative entity forms and a traditional corporation.Read More Read More

It is commonly recognized that the size of settlements in securities class actions against directors and officers has increased dramatically in the post-Enron environment. Equally troubling, but less publicized, is the similar increase in the frequency of proceedings against directors... Read More