The D&O Diary’s European itinerary continued this week in Zürich, Switzerland, where I travelled for meetings and to attend the inaugural continental European educational event of the Professional Liability Underwriting Society (PLUS). Zürich is a picturesque city in a beautiful setting, but the grey skies and cool temperatures while I was there came as something of
The Travel Issue: Lisbon Edition
The D&O Diary is on assignment in Europe this week, with the first stop along the way in the beautiful, historic and sun-drenched city of Lisbon, or as the natives say, Lisboa.
Lisbon is the westernmost capital city in Europe, with a population of about 550,000 in the city proper, and a total of
E&O Insurance: Acts Alleged in Underlying Claim Did Not Involve Insured Services
One of the recurring coverage issues that arises in connection with Errors and Omissions (E&O) Insurance is the question of whether or not the activities that are the basis of the underlying claim involve Insured Services (or Professional Services) as that term is defined in the policy. In a September 27, 2013 decision (here
More and More Readers’ Mug Shots
The D&O Diary mug continues to make cameo appearances at venues near and far. The latest round of mug shots incudes pictures of a variety of classic American scenes, including sun-drenched shots of city skylines.
Readers will recall that in a recent post, I offered to send out to anyone who requested one
Has the Whistleblower Moment Arrived? SEC Awards Whistleblower More Than $14 Million
It is not the first whistleblower award under the Dodd Frank Act’s whistleblower bounty program but the “more than $14 million” award to an anonymous whistleblower that the SEC announced on October 1, 2013 is by far the largest so far. The size of the award raises the question of what the award may
Emerging Global Regulatory Enforcement and Cross-Border Collaboration
Among two of the most noteworthy recent global regulatory trends are the spread of anticorruption enforcement and the rise in cross-border enforcement collaboration. Both of these trends were evident in the Canadian government’s recent prosecution of the first individual ever convicted after trial under Canada’s equivalent to the FCPA, the Corruption of Foreign Public Officials
D&O Insurance: How Many Different Ways Can Coverage Be Precluded for a Single Case?
Due to the complexity both of the D&O insurance policy and of the kinds of claims that can arise, the question of whether and to what extent a particular claim may be covered is often disputed. Sometimes though a particular claim is simply not covered. That was the case in a recent coverage dispute in
Assessing U.S. Public Company Cyber Risk Disclosure Practices
It has been nearly two years since the SEC Division of Corporate Finance issued its Disclosure Guidance on cybersecurity risks. During this period reporting companies have had the opportunity to incorporate disclosures in their reporting documents about the cybersecurity risks they face. To develop a picture of what companies are disclosing and what the disclosure
InSights: What to Watch in the World of D&O
Every fall, I put together a list of the current hot topics in the world of Directors and Officers (D&O) Liability Insurance. In the latest issue of InSights (here), I review the critical issues to watch now in the world of D&O. This year’s list includes several key regulatory and litigation developments as well
Enough Said Yet?: Say on Pay Litigation May Have Had Its Day
As I have noted in prior posts (most recently here), plaintiffs’ lawyers have rushed to file “say on pay” lawsuits, either after a negative advisory shareholder vote on executive compensation, or more recently before the vote occurs based on alleged deficiencies in the proxy materials related to the vote. In the latest in a lengthening