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California › D&O Insurance

Wiley Rein LLP

California Federal Court Holds Exception to I v. I Exclusion Restores Coverage for D&O Claim Based on Dilution of Shares

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The United States District Court for the Southern District of California, applying California law, has held that an exception within an insured vs. insured (I v. I) exclusion of a D&O policy restored coverage for a suit...more

Wiley Rein LLP

California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision

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The United States District Court for the Central District of California, applying California law, granted an insurer’s motion for summary judgment, concluding that (1) the policy’s prior notice exclusion applied; and (2) the...more

Woodruff Sawyer

Securities Motion to Dismiss Trends (Part 1): The Northern District of California

Woodruff Sawyer on

In securities class actions, the motion to dismiss is the key event. If the company wins, the case goes away and costly discovery is avoided. If shareholders win, a significant settlement in the future is likely. In these...more

Wiley Rein LLP

California SPAC Entitled to Advancement of Subpoena-Related Costs Post-Name Change Based on “Potentially Covered” Standard

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The United States District Court for the Northern District of California, applying California law, has held that two former directors and officers were entitled to advancement of defense costs incurred in connection with SEC...more

Farella Braun + Martel LLP

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

Farella Braun + Martel LLP on

Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the company. These...more

Proskauer - Whistleblower Defense

CA District Court: Insurance Policy Covering Securities Claims May Extend to SOX Whistleblower Claims

Proskauer - Whistleblower Defense on

A recent California district court addressed the question of whether, for insurance coverage purposes, a SOX whistleblower claim is a “securities claim,” and answered that question in the affirmative. Skye Bioscience v....more

Wiley Rein LLP

“Notice of Cancellation” Meets California Requirements for Notice of Rescission

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A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application...more

Pillsbury - Policyholder Pulse blog

California and New York to Open One-Year Windows Reviving Time-Barred Adult Sexual Assault Claims

Pillsbury - Policyholder Pulse blog on

Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against...more

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