On October 5, 2012, in the latest in a series of decisions addressing the question whether or not corporate officers (as differentiated from corporate directors) are entitled under California law to rely on the protections of the business judgment rule, Central District of California Judge Dale Fischer held that former officers of the failed IndyMac
Guest Post: Settlor Capacity v. Fiduciary Capacity — Does Wearing Two Hats Mean You May be Denied Coverage?
I am pleased to publish below a guest post from Rhonda Prussack, Executive Vice President and Product Manager, Fiduciary Liability, for Chartis, and her colleague at Chartis, Larry Fine, Global Head Professional Liability Claims, Financial Lines Claims. Rhonda’s and Larry’s guest post is written in response to a recent guest post on this blog about the
The Travel Issue: Berlin Edition
The D&O Diary’s European itinerary continued this past weekend with a brief visit to Berlin, Germany’s capital and largest city. With a population of about 3.4 million within its city limits, Berlin is nearly as large as Los Angeles. It is, these days, a lively and dynamic city. It is also in many ways a
The Travel Issue: Munich Edition
The D&O Diary was on assignment in Europe this past week, with the first stop in Munich for a series of meetings with my friends at Munich Re and their global insurance company clients. My visit to Munich not only coincided with Oktoberfest, but also with the Day of German Unity (Tag der Deutschen
About the $2.43 Billion BofA/ Merrill Lynch Merger Securities Suit Settlement
In what is by far the largest settlement of a credit crisis-related securities class action lawsuit, Bank of America has agreed to pay $2.43 billion to settle the suit filed against the company and certain of its directors and officers in connection with the bank’s financial crisis-driven acquisition of Merrill Lynch. The settlement is subject
Class Actions Around the World
Although the class action lawsuit is most often associated with the litigious legal culture in the United States, the fact is that in recent years class action and other group litigation procedures have been expanding around the world. Forces of globalization and the rise of organized groups of aggrieved claimants have encourage a host of
SEC Files Enforcement Action Against Failed Bank Executives
As I have previously noted (most recently here), the pace of filing of FDIC actions against directors and officers of failed banks has slowed considerably as 2012 has progressed. Indeed, there have only been two new FDIC failed bank lawsuits filed since May, and none at all since mid-July (even though the FDIC has
Employer Social Media Policies, Cyber Security and Other Web Notes
As the various forms of social media have become increasingly pervasive, employers have struggled with appropriate responses to employees’ use of the social media sites. One question in particular that has arisen is the extent to which employers can seek to regulate and even discipline employees’ use of social media to comment on the employer
Guest Post: Fiduciaries First — Understanding the Scope of Fiduciary Liability Insurance Coverage and New York’s IBM Decision
I am pleased to publish below a guest post from my good friend Kimberly M. Melvin and her colleague John E. Howell, both of the Wiley Rein LLP law firm. Kim and John’s article discusses a recent decision from New York’s high court and its implications for the scope of coverage under a fiduciary
D&O Insurance: Two More Cases Hold No Excess Coverage Where Underlying Insurance Not Exhausted
Two more courts have joined the growing line of cases holding that excess insurer’s payment obligations were not triggered where the policyholder funded part of the loss below the excess insurer’s limit.
First, on September 12, 2012, New York (New York County) Supreme Court Judge Melvin Schweitzer, applying New York law, ruled in