News & Analysis as of

Bylaws D&O Insurance

ArentFox Schiff

Removing Board Members - A Delicate Balance for Trade Association Boards

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An association’s board often confronts difficult decisions. One that is particularly challenging is whether and how to remove a sitting director....more

Robins Kaplan LLP

Thinking Ahead: Key Provisions to Consider When Drafting Entity Governing Documents

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A company’s governing documents, whether they be corporate bylaws and shareholder agreements, limited liability company (“LLC”) operating agreements, or partnership agreements, typically include the rules and regulations for...more

Herbert Smith Freehills Kramer

Two Additional California Courts Dismiss Securities Act Claims in Favor of Federal Forum Selection Provisions

As previously discussed in our Sept. 10, 2020, client alert, in Wong v. Restoration Robotics, Inc., Case No. 18-CIV-02609 (Cal. Super. Ct. Sept. 1, 2020), the Superior Court of California for the County of San Mateo dismissed...more

Hogan Lovells

Directors and officers in M&A litigation

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We’ve asked lawyers from our offices in Spain, France, Germany, the Netherlands, and the U.S. to talk about when directors and officers get caught up in M&A litigation....more

White and Williams LLP

Is a “Vice President” an Officer for Indemnity Purposes? Delaware and New Jersey Weigh In

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What makes a corporate officer an “officer”? For corporations, the issue of who qualifies as an officer is significant because corporations may be required to advance legal expenses and indemnify their officers pursuant to...more

Goodwin

Business Litigation Reporter October 2015

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Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Holland & Knight LLP

DOJ Targets Executives and Individuals in Corporate Investigations

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Responding to criticism stemming from a lack of individual prosecutions as a result of the financial crisis, Deputy Attorney General Sally Yates has issued a new guidance memorandum establishing six new steps for federal...more

Mintz - Securities & Capital Markets...

Why Directors and Officers Should Demand a Separate Indemnification Agreement

Corporate directors and officers (“D&O’s”) face significant personal exposure whenever their corporation is involved in a dispute or investigation. For this reason, prudent D&O’s avail themselves of all available legal...more

Allen Matkins

Can An Employment Agreement Be A Wee Bit Too Integrated?

Allen Matkins on

The Bylaws of many public companies provide for mandatory indemnification of directors and officers (and sometimes other agents as well). Often, Bylaws describe these indemnity obligations as contract rights. For example...more

K&L Gates LLP

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

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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

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