In recent days, there has been extensive media attention (here and here) focused on the fact that plaintiffs’ lawyers seeking to exploit the options backdating scandal are filing shareholders’ derivative suits in preference to securities fraud class action lawsuits. Indeed, The D & O Diary’s running tally of options backdating lawsuits (here
September 2006
More About MBOs and D & O Risk
By Kevin LaCroix on
Posted in D & O Insurance, Private Equity
Is SOX Putting the Plaintiffs’ Lawyers Out of Business?
By Kevin LaCroix on
Posted in SOX (Generally)
The Institutional Shareholder Service (ISS) Corporate Governance Blog has a September 7, 2006 post entitled “Has SOX Led to Fewer Lawsuits?” (here) that raises the question whether the declining number of securities lawsuits in 2006 (here) is due to improved corporate governance because of the Sarbanes-Oxley Act. While the CG…
Capitol Hill Looks at Options Backdating
By Kevin LaCroix on
Posted in Options Backdating
The unfolding options backdating story may have hit its high water mark (or its low point, depending on your perspective) on September 6, 2006, when the Senate Committee on Banking, Housing and Urban Affairs and the Senate Finance Committee both held hearings concerning options backdating. The hearings involved the testimony of numerous regulators, academics and…
MBOs: Another Example of Private Funding and D & O Risk
By Kevin LaCroix on
Posted in D & O Insurance, Private Equity
The D & O Diary has previously written (here and here) about the problems and conflicts of interests that can arise from the involvement of private fund investors (private equity firms, hedge funds and buyout firms) in publicly traded companies. In a September 3, 2006 column in the New York Times (here…