Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023...more
Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities...more
In 2020 and 2021, Special Purpose Acquisition Companies (SPACs) were all the rage. A SPAC is a “blank check company,” publicly traded, and organized for the purpose of merging with a private company. It’s a mechanism for a...more
12/20/2022
/ Brokers ,
D&O Insurance ,
Excise Tax ,
Inflation Reduction Act (IRA) ,
Initial Public Offering (IPO) ,
Insurance Industry ,
Investigations ,
Liquidation ,
Mergers ,
Publicly-Traded Companies ,
Special Purpose Acquisition Companies (SPACs)
As the preferred place of incorporation for most U.S. companies, Delaware has long been a leader in the development of statutory and common law on corporate governance. In keeping with this role, the Delaware legislature...more
Last month, we discussed a decision by the Northern District of Illinois finding an amount labeled “restitution” in a settlement between a pharmaceutical company and the DOJ was insurable loss under a D&O policy. Shortly...more
When a company receives a claim or lawsuit, it is critical to provide timely notice to its insurers. But when the claim is first made, sufficient facts may not yet be known to indicate which policy will respond. Many policies...more