D&O Insurance Myths (Part 1)
Blogging made him both the Pope and the Tom Hanks of D&O insurance - Legally Contented Podcast
D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it
ESG is All The Rage, but How Does It Intersect with the D&O and RWI Insurance Markets?
Has the SPAC Bubble Burst? Lessons Learned From the Early Days of SPAC Mania
Smoother Sailing or Choppy Waters: What Lies Ahead for the 2022 D&O Market?
Takeaways From Recent Claims Against Mark Zuckerberg and Facebook – Mitigating the Heightened Risk of Privacy Suits Against Individual Directors and Officers
Wait, are we related? Well, that depends on the facts and circumstances of each Claim
Don’t Step on a Crack in the SPAC/deSPAC Insurance Claim Process
The Intersection of Insurance and Bankruptcy – Part 2
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs
NGE On Demand: Insurance Issues in Bankruptcy with Jason Frye
The D&O Renewal Market: Will the Wild Ride of Premium Increases, Stretched Capacity and Restrictive Terms Continue?
On-Demand Webinar | Insurance Issues Faced by Employers in Times of COVID-19
Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions
The Intersection of Cyber and D&O Coverage
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
In a recent post, we briefly explored potential insurance coverage for tariff- and trade-related losses, particularly in the context of escalating global trade tensions and U.S. enforcement trends. Since then, enforcement...more
A recent decision by a federal court in the Eastern District of New York illustrates how directors and officers (“D&O”) policies can provide valuable insurance coverage for defense costs and potential liabilities arising from...more
When is a claim “brought” against an insured? A Delaware bankruptcy court’s answer to this seemingly innocuous question turned into a nightmare for the estate of a bankrupt insured...more
The Delaware Supreme Court has held that a professional services exclusion in a D&O policy does not bar coverage for a False Claims Act settlement. In 2017, a former employee of the insured mortgage loan company brought a...more
The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that a $100 million settlement between the United States government and a pharmaceutical company for claims arising under the False...more
The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL...more
In previous posts, we have emphasized the continued judicial trend rejecting insurer arguments that losses purportedly sounding in restitution or disgorgement are “uninsurable” under D&O policies. Despite that trend, insurers...more
A recent coverage case from Illinois is a helpful reminder to policyholders that they should not take no for an answer when insurers deny a claim based on uninsurability, restitution, disgorgement, or fraud. In fact, those...more
Check your D&O Policy carefully before signing. In the coming months, we will inevitably see new charges brought by the DOJ against borrowers for false statements made in PPP loan applications....more
DOJ settlement signals need for enhanced False Claims Act scrutiny. Private funds continue to face heightened secondary liability risks arising from their portfolio investments....more
It is not unusual for a directors and officers liability policy to have an exclusion for professional services. A such, a question often arises regarding whether the claimed wrongful conduct involved the rendering or failure...more
Earlier this week, in HotChalk, Inc. v. Scottsdale Insurance Company, No. 16-17287, 2018 U.S. App. LEXIS 14884 (9th Cir. Jun. 4, 2018), the Ninth Circuit Court of Appeals affirmed a District Court’s determination that a...more
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
Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more
A False Claims Act suit can be a company’s worst nightmare, as it may potentially result in large settlements and awards on account of the statute’s trebled damages provision. However, the nightmare for AmerisourceBergen was...more
Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more