Well-advised professional services firms will carry both errors and omissions insurance and management liability insurance. A recurring problem under management liability insurance policies for all types of professional services firms relates to the very broad professional services exclusions often found in these polices. These exclusions preclude coverage for claims relating to the professional services firm’s
District Court Upholds FTC’s Authority to Bring Data Breach Enforcement Action
It is a dangerous world out there. Among many other things, companies and other organizations are increasingly vulnerable to data security attacks from would-be hackers. Indeed, an April 8, 2014 New York Times article entitled “Hackers Lurking in Vents and Soda Machines” (here) notes that “companies scrambling to seal up their systems from
Antitrust Enforcement and Corporate Risk Exposure
As a result of heightened regulatory scrutiny and changing enforcement priorities around the world, “cartel enforcement is a hot topic in boardroom,” according to a March 29, 2014 Economist magazine article entitled “Just One More Fix” (here). According to the article, antitrust enforcement authorities are getting “better at detecting cartels and bolder in
First Circuit: D&O Insurer Must Advance Failed Bank Directors and Officers’ Defense Expenses
In an interesting March 31, 2014 opinion (here), the Unites States Court of Appeals for the First Circuit, applying Puerto Rico law, affirmed a district court’s ruling that the D&O insurer for the failed Westernbank of Mayaguez, Puerto Rico must advance the bank’s former directors’ and officers’ expenses incurred in defending the FDIC’s
More About D&O Insurance Coverage for Subpoena Response Costs
As I have previously noted on this blog, a recurring insurance coverage issue is whether or not the costs incurred in responding to a regulatory or enforcement subpoena represent covered defense under a D&O insurance policy. In an interesting March 27, 2014 memo entitled “D&O Coverage for Subpoena Response Costs: An Emerging Consensus?” (here
Guest Post: BSA/AML Enforcement Trends and D&O Liability
In the following guest post, Christopher Laursen, Senior Vice President and Chair, Financial Institutions and Bank Practice at NERA Economic Consulting, takes a look at the current enforcement trends involving the Bank Secrecy Act and the Anti-Money Laundering regulations. I welcome guest submissions from responsible persons on topics of interest to readers of this
The Travel Issue: Stockholm Edition
The D&O Diary’s European mission continued last week with a stop for meetings in Stockholm, Sweden’s beautiful capital city and the largest city in Scandinavia. I know from experience that the weather in Europe in March can either be great or it can be awful. Just the same, I couldn’t have predicted the weather
Cornerstone Research Releases 2013 Securities Class Action Settlements Analysis
Owing to a number of larger settlements, the average securities class action settlement amount in 2013 rose, while at the same time the media settlement amount declined, according to a study of the securities suit settlements from Cornerstone Research. The study also reports that the number of settlements and the aggregate dollar value of all
Guest Post: The Real and Ugly Facts of Litigation Funding
As I have previously noted on this blog, one of the more noteworthy recent litigation developments has been the rise in litigation financing in the U.S. The presence and effect of litigation financing remains controversial, at least in certain quarters. In the following guest post, Lisa Rickard, the President of U.S. Chamber Institute for Legal
The Travel Issue: Copenhagen Edition
The D&O Diary is on assignment in Europe this week, with the first stop in the Danish capital city of Copenhagen, for meetings there. Copenhagen has a population of about 1.2 million spread across its many neighborhoods and boroughs but perhaps owing to the height restriction on its buildings, the city feels much smaller, even