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‘Enforcement 40’ for 2020
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Join the Securities Litigation and Enforcement Group on LinkedInBreach of the Duty of Oversight Liability Extends to Officers as Well as Directors | The D&O Diary
In a shareholder claim against the former global head of HR at McDonald’s, the Delaware Chancery Court has held that liability for breach of the duty of oversight, which Delaware courts had previously extended only to corporate directors, can also extend to corporate officers, as well. In addition, in a separate part of the opinion […]
What to Watch Now in the World of D&O | The D&O Diary
Every year after Labor Day, I take a step back to survey the most important current trends and developments in the world of Directors’ and Officers’ liability and insurance. This year’s review is set out below. As the following discussion shows, this is a particularly eventful time in the world of D&O. Source: What to […]
Do Privacy Issues Represent the Next Big D&O Liability Exposure? | The D&O Diary
For some time, observers (including me) have been discussing the extent to which the rising numbers of corporate data breaches would translate into to D&O litigation. There of course have been some data breach-related D&O lawsuits; indeed, plaintiffs’ lawyers have recently for the first time managed to secure some success with these kinds of suits […]
Expected Supreme Court SEC ruling may help predict D&O losses | Business Insurance
The U.S. Supreme Court is expected to rule that the U.S. Securities and Exchange Commission is limited to a five-year period to recover funds that were deemed illegally obtained, based on last week’s oral arguments, experts say. They say such a ruling by the high court in Charles Kokesh v. Securities and Exchange Commission will […]