Insurance Issues Arising After Mass Shooting Occurrences

Insurance Issues Arising After Mass Shooting Occurrences

There is no question that mass shooting incidents in this country are unfortunately continuing at a staggering pace. As of April 29, the crowd-sourced “Mass Shooting Tracker” project, which considers a mass shooting to include a single incident in which four or more people are shot in any incident, lists 163 incidents that fit this […]

Dan Bailey Provides an Update on Recent D&O Claims Developments

Dan Bailey Provides an Update on Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state. A fragile U.S. economy, a struggling global economy, high inflation and interest rates, a tight labor market, the collapse of several large crypto firms, and higher fuel costs will likely create a material increase in D&O claims activity in a wide variety of industries. […]

John Marsh Addresses Avoiding Costly Litigation in Latest Blog Post:

John Marsh Addresses Avoiding Costly Litigation in Latest Blog Post:

Another Idea for Improving the Defend Trade Secrets Act: Providing an “Off Ramp” to the Plaintiff Who Wants to Avoid a Costly Litigation In a post last year, I proposed a solution for a recurring problem in trade secret litigation–namely, the situation where a former employee takes information but quickly regrets their conduct and looks […]

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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

Enterprise Risk Management: An Important Strategic Discipline

Every wave of business failures or scandals leaves a legacy of lessons learned. For example, the 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

Alternative Business Entities: Liability And Insurance Issues

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

Parallel Proceedings: D&Os Caught in the Cross Fire

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

Insuring Uninsurable Punitive Damages

For the first time in history, many U.S. insurers today are willing to afford coverage under various types of insurance policies for punitive and exemplary damages under certain circumstances. This coverage is typically referenced in the definition of “Loss” with... Read More

Excess Layers of D&O Insurance: Peeling the Onion

In the past, directors and officers generally recognized that their company should purchase D&O insurance, but they had little interest in the details. Besides the total amount of coverage purchased and the size of the deductible, little else was disclosed... Read More

Increasing D&O Criminal Exposures: Insurance and Indemnification Issues

In response to recent criticisms, federal law enforcement authorities are now investigating with greater frequency and vigor potential criminal charges against directors and officers in a variety of contexts. Most notably, on September 9, 2015, deputy attorney general Sally Quillian... Read More

D&O Alternative Risk Financing

Since the insurance crisis of the mid-1980s, companies of all sizes have given increased attention to the appropriateness of alternative methods to finance director and officer (“D&O”) liability risks. D&O risk financing alternatives create unique legal issues not applicable to... Read More

Peas in a Pod: Are Exposures and Insurance Needs of Directors and Officers the Same?

Because directors generally oversee the performance of senior officers, the directors have far less involvement in company performance, disclosures and problems than officers. As a result, directors typically have far less liability exposure than officers and in some situations, are... Read More

Director and Officer Indemnification

Historically, there was considerable doubt whether a corporation could financially protect its directors and officers from personal liability. Some early authority indicated that corporate expenditures for purpose of D&O indemnification and insurance were ultra vires because such payments were not... Read More

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