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n prior posts (most recently here), I have noted the growing problems involved with the increasing willingness of U.S. regulators to exert their regulatory and enforcement authority outside of the U.S. In the following guest post, Francis Kean of Willis examines a recent decision by the United States Court of Appeals for the
D&O Insurance: Subsequent Lawsuit to Enforce Judgment Held Interrelated with Prior Adversary Action
The question of whether or not a subsequent claim is interrelated with a prior claim — and therefore deemed first made at the time the earlier claim was filed – is a recurring D&O insurance coverage issue. If the later claim is to be deemed first made at the time of the prior lawsuit, then
Notes from the PLUS International Conference in Las Vegas
This past week the annual PLUS International Conference took place at the sprawling Caesar’s Palace complex in Las Vegas. Given the mass of confusing pathways and corridors and vast distances between the various event venues at the hotel, it wouldn’t surprise me at all to hear that a few conference attendees are still wandering around
Guest Post: Evolutionary Change in the Liability of an Independent Director in India
The recent Satyam scandal and ensuing litigation put the duties of independent directors under scrutiny. The recently enacted Companies Act of 2013 addressed a number of issues relating to the duties and liabilities of independent directors. In the following guest post, Burzin Somandy of Somandy & Associates in Mumbai takes a look at the approach
Q&A with PLUS1 Award Winner Aruno Rajaratnam
On Thursday November 6, 2014, at the Professional Liability Underwriting Society (PLUS) International Conference in Las Vegas, the PLUS1 Award will be conferred on my good friend, Aruno Rajaratnam. The PLUS1 Award is presented annually to a person “whose efforts have contributed substantially to the advancement and image of the professional liability industry.” I
Two Legal Surveys: Foreign Disputes in U.S. Courts and Fee-Shifting Bylaws
An ever-present anxiety for globally-active non-U.S. companies is the possibility that they might find themselves having to deal with litigation in U.S. courts. This concern is warranted because certain attributes of the U.S. legal system – including the absence of loser pays attorneys’ fee model and the availability of discovery and jury trials – provide
Another Accounting Scandal-Related Securities Suit
Earlier this week I wrote about the accounting scandal that has hit the UK-based grocer, Tesco, and the securities class action lawsuit against the company that followed in its wake. Now another company has reported accounting irregularities – and the company involved has also been hit with a securities class action lawsuit.
On October 29,
Three Astonishing Things
Here at The D&O Diary we read everything so you don’t have to. It was in this spirit that we read the article on page C-3 of yesterday’s Wall Street Journal that in the print version was entitled “Congo Opening Its Doors to Agribusiness” (here) and that contained the single most astonishing sentence
O.K., So Here’s the First Ebola Outbreak-Related D&O Lawsuit
Like everyone else, I have been following the Ebola outbreak news with a mixture of horror and fascination. I never in a million years imagined that I would have occasion to write about the Ebola outbreak on this blog. Perhaps due to a lack of imagination on my part, I never foresaw that there might
Perhaps This Really Is the Last Round of Mug Shots?
I know I have previously declared (twice now) that we have reached the end of the publication of readers’ mug shots, but the pictures just keep arriving. I have been holding some late arriving pictures on the chance that still others might appear, but rather than let the pictures in hand to go stale, I