‘Enforcement 40’ for 2020
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By Securities Docket on May 3, 2017, 5:11 pm
Defendants win a lot of battles. The Private Securities Litigation Reform Act of 1995 was an enormous victory for the defense bar, imposing high pleading burdens on plaintiffs and establishing a safe harbor for forward-looking statements that, in Bill Lerach’s famous words, gives defendants “license to lie.” The rate of dismissal is markedly higher than […]
By Securities Docket on August 12, 2016, 10:39 am
Among the most frequently recurring D&O insurance coverage issues is the question of the carrier’s obligation to pay for costs incurred in connection with an informal SEC investigation. Indeed over the years, numerous policy revisions have been adopted in various forms by various carriers to address certain aspects of this issue. Yet the issues continue to arise, […]
By Securities Docket on January 3, 2013, 9:35 am
The year just finished included dramatic and important developments involving elections, tragedies and natural disasters. While there was nothing in the world of directors’ and officers’ liability to match this drama, it was nevertheless an eventful year in the world of D&O, with many significant developments. By way of review of the year’s events, here […]
By Securities Docket on September 28, 2011, 2:09 pm
Corporate directors and officers increasingly face liability for matters of which they were not even aware.
By Securities Docket on June 17, 2011, 11:06 am
The risk of an expanded application of R.C.O.D. is real for officers and directors.
By Securities Docket on May 4, 2009, 6:39 am
In Australia, financial services companies are facing higher directors and officers (D&O) insurance costs as the number of securities class actions rise. The Financial Standard reports that according to Richard Head, a senior executive at D&O insurance provider, Liberty International Underwriters, “the landscape has changed from the occasional shareholder class action only five years ago […]