In several posts of the last several months (most recently here), I have commented that with the increased number of IPOs, an increase in IPO-related securities litigation would likely follow. If the securities litigation filing activity over the last couple of weeks is any indication, the anticipated increase in IPO-related securities litigation has arrived.
Delaware Chancery Court Upholds “North Carolina Only” Forum Selection Bylaw
Following the Delaware Chancery Court’s June 2013 ruling upholding the facial validity of the bylaw of Chevron Corporation designating Delaware as the exclusive forum for intra-corporate disputes, the adoption of forum selection bylaws has become mainstream. But while a number of companies have now adopted forum selection bylaws, the circumstances surrounding the adoption by
Guest Post: Can Shareholders Bring “Direct” Mismanagement Claims Against Directors of Maryland Corporations?
![Collins_J_06_14(2)[1]](https://www.dandodiary.com/wp-content/uploads/sites/893/2014/09/Collins_J_06_1421.jpg)
In this guest post, Joseph Collins, a partner at the DLA Piper law firm, examines the extent to which mismanagement claims can be brought directly against directors of a Maryland corporation, as opposed to derivatively. I would like to thank Joe for his willingness to publish his article on my site. I welcome guest
Thinking about the Criminalization of American Business
One trend in recent years that has been impossible for anyone following the business pages to miss has been the steadily increasing numbers of huge monetary settlements that companies have reached with U.S. regulators and prosecutors. These settlements often involve staggeringly large amounts of money, often funded by shareholders. The Bank of America’s recent $17
Bankruptcy Court: D&O Insurance Available for MF Global Executives’ Defense, Without Restriction
On September 4, 2014, in the latest in a series of rulings on the issue of whether MF Global’s D&O insurers may pay the defense expenses the company’s former officers and directors are incurring in the various lawsuits pending against them, Southern District of New York Bankruptcy Judge Martin Glenn held that the insurers may
Guest Post: Cyber Security and Cyber Governance: Federal Regulation and Oversight – Today and Tomorrow
It seems that every day there is yet another story in the business pages about a significant data breach at a major company. Cybersecurity is an increasingly important topic for companies and their shareholders, and the problems with cybersecurity are an increasing concern in Washington as well. In the following guest post Paul A. Ferrillo
What to Watch in the World of D&O
Every year just after Labor Day, I take a step back and survey the most important current trends and developments in the world of Directors’ and Officers’ liability and D&O insurance. This year’s survey is set out below. Once again, there are a host of things worth watching in the world of D&O.
What Will
While You Were Out
I have no idea where summer went, but with the passage of Labor Day weekend there’s no denying that summer is over and that it is time to get back to work. For those of you who were fortunate enough to take some time off this summer or who maybe just found it a little
The Travel Issue: Mumbai Edition
The D&O Diary’s Asian tour continued last week with a stop in Mumbai, India’s most populous city and the country’s financial and commercial capital. I travelled to Mumbai for business meetings and for an industry event, as described below, but while there I also had a chance to encounter one of the world’s most distinctive
The Travel Issue: Singapore (Second Edition)
The D&O Diary is on assignment in Asia this week, with the first stop in Singapore. I was very happy to be in Singapore this past week and not just because the Professional Liability Underwriting Society (PLUS) Regional Professional Liability Symposium I attended there was so very successful, as described below. I was glad to