News & Analysis as of

D&O Insurance Directors

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

Proskauer - The Capital Commitment

Protecting Sponsors from Emerging Portfolio Company Risks through Insurance

In addition to the normal operational and legal risks associated with owning and managing portfolio companies, 2025 has introduced or exacerbated a wave of geopolitical and macroeconomic risks such as inflation, tariffs,...more

Hogan Lovells

Key risk trends for Directors and Officers in 2025 and beyond

Hogan Lovells on

2024 was a standout year for the Directors and Officers (“D&O”) insurance market, as the industry navigated legislative upheaval and case law developments with remarkable resilience. Despite increasing mass-shareholder...more

Woodruff Sawyer

Guide to D&O Insurance for De-SPAC Transactions, 2025 Edition [Report]

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There is significant complexity to the process of protecting a company and its directors and officers as they undertake the process of going public. This resource is your guide to the D&O insurance process for de-SPAC...more

McCarter & English, LLP

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of...

A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more

K&L Gates LLP

UK Offence of 'Failure to Prevent Fraud': D&O Insurance Can Help the Board to Mitigate Risk

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In 2023, the UK Government introduced the Economic Crime and Corporate Transparency Act (the Act) with the aim of reducing economic crime in the UK. The Act introduced a number of measures including a new offence of "failure...more

Venable LLP

Indemnification Agreements under Maryland Law: Additional Protection for Directors and Officers

Venable LLP on

As scrutiny of public companies continues to increase, it is important for directors and officers to understand the full range of protections from personal liability available to them and for a company to be cognizant of its...more

Farella Braun + Martel LLP

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly...more

Amundsen Davis LLC

Is Nothing Sacred? Cyberattacks May Impact Director and Officer Fiduciary Duties

Amundsen Davis LLC on

MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names...more

Orrick, Herrington & Sutcliffe LLP

Top Tips on Complying with Directors’ Duties Under English Law

Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our...more

Woodruff Sawyer

What Prevails, Business Judgment Rule or Donor Intent?

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The daughters of Paul Newman recently sued the Newman’s Own Foundation to their annual control of $400,000 of funds for donation.Paul Newman created the foundation to give away all royalty rights from the sale of Newman’s Own...more

Woodruff Sawyer

New Director Onboarding: A Roadmap for Boards

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Public company boards face an ever-increasing list of topics that fall under their oversight responsibilities. As the list gets longer, so too does the breadth of skills and backgrounds that boards view as important when...more

Woodruff Sawyer

Corporate Dissolutions: D&O Protection Considerations

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Many companies rely on capital raises to grow their business and bring products and services to market—but there are times that economic and financial market conditions make it difficult for companies to secure needed...more

Woodruff Sawyer

Director & Officer Liability Issues Post-Roe: Dobbs v. Jackson FAQs

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Dobbs v. Jackson Women’s Health Organization is the landmark US Supreme Court decision that effectively overturned settled case law (Roe v. Wade) by holding that the United States Constitution does not confer the right to...more

Woodruff Sawyer

M&A Minute: Do I Need Both an R&W Policy and a D&O Policy?

Woodruff Sawyer on

As someone who seeks to minimize my clients’ risks associated with Mergers and Acquisitions (M&A) activity, I often field some of the same questions. One of the most common questions my clients have is, “Why do I need a...more

Kerr Russell

Court Ruling Offers New Consideration For Corporate Officers, Directors And LLC Managers

Kerr Russell on

Managers of LLCs have similar duties to members of LLCs. A breach of these fiduciary duties can lead to a lawsuit and personal liability for directors, officers and LLC managers. ...more

Gray Reed

Delaware Supreme Court Applies Delaware Law to Determine D&O Coverage for Delaware Corporations

Gray Reed on

The Delaware Supreme Court ruled that Delaware law applies to the interpretation of directors and officers liability (“D&O”) insurance coverage issued to Delaware corporations. RSUI Indem. Co. v. Murdock, et al., 248 A.3d 887...more

Woodruff Sawyer

Take Personal Indemnification Agreements Seriously as D&O Insurance Rates Rise

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If you are serving as an officer or director of a public company (or a large private company), it has never been more important to make sure that you have an aggressively protective personal indemnification agreement. ...more

Pillsbury - Policyholder Pulse blog

Biometric Privacy, BIPA and the Battle for EPLI Policy Coverage

Do employees have a privacy right in the shape of their faces, the color of their eyes, or the texture of their fingertips? In many states, the law now says yes—leading employers to ask: Are resulting biometric privacy claims...more

Royer Cooper Cohen Braunfeld LLC

Delaware Supreme Court Finds Fraud Insurable

In a recent decision, the Delaware Supreme Court ruled that insuring against fraud does not per se violate Delaware public policy and held that the insured’s D&O policy covered claims alleging securities fraud. RSUI Indemnity...more

Davis Wright Tremaine LLP

Is D&O Insurance a Good Idea for a Family Business?

Directors and officers (D&O) insurance is intended to protect the directors and officers of a business against personal losses they may suffer as a result of a lawsuit against them. The losses incurred may come in the form of...more

White & Case LLP

Lessons from the trenches: Tips from a leasing company’s chapter 11

White & Case LLP on

Fixed-wing leasing companies should consider six tips for navigating a possible restructuring precipitated by the COVID-19 crisis. About a year ago, I completed the most exhausting marathon of my life serving as the chief...more

Goodwin

Challenging Times: The Hardening D&O Insurance Market

Goodwin on

Directors and officers (D&O) liability insurance has always been an important tool to protect public companies and their management against claims by shareholders for violations of the securities laws, including claims for...more

A&O Shearman

D&O insurance and the new BCC

A&O Shearman on

On 1 May 2019, the much discussed new Belgian Code on Companies and Associations (the new BCC) entered into force in Belgium. This eAlert focuses specifically on the new rules on directors' liability that are applicable to...more

White & Case LLP

The Construction Industry, Insolvency and Directors’ Liabilities

White & Case LLP on

A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and...more

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