The world of directors’ and officers’ liability often seems as if it is in a state of constant change — and it is no wonder, because so many factors affect it: legislation, litigation, volatile securities markets, and the ever-changing global economy. With so many shifting factors and varying dynamics, it can sometimes be difficult to isolate trends and identify their significance. This difficulty is exacerbated when there is a single issue that, like the current options backdating scandal, is dominating the headlines. In a September 2006 Insights article (here), I identify four current trends in the world of D&O and comment on their significance. While some of these trends may not yet be in the headlines, they represent important developments in the D&O arena.
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