The D&O Diary ended its Asia Pacific itinerary with a final stop in the prosperous city state of Singapore. The primary purposes of my visit were to speak at the PLUS Singapore Professional Liability Symposium and to attend one very important dinner. My stop in Singapore was brief and I had only a short opportunity to look around the city. I did have a chance to see some of the city’s more famous sights, as reflected in the pictures below. Continue Reading A Stop in Singapore
The D&O Diary’s Asia Pacific itinerary continued this week with a stop in India’s largest city and financial capital, Mumbai. My primary reason for traveling to Mumbai was to participate in a professional liability insurance program co-sponsored by PLUS and the local Indian professional liability insurance organization, Bima Gyaan. Despite the travel distances involved and the time required, my visit to India was relatively brief. My opportunities to explore Mumbai were limited. I had just enough touring time to be reminded what an amazing place Mumbai is. Continue Reading A Visit to Mumbai
The D&O Diary is on assignment in the Asia Pacific region this week, with a first stop on the itinerary in Sydney, Australia. The primary purpose of my visit was to attend the annual conference of the Australia Professional Indemnity Group (APIG), but I did have a little time before and after the conference to roam around Sydney a bit. Though my visit coincided with the last days of the Southern hemisphere winter, the weather was cooperative enough to allow for some very enjoyable sightseeing and hiking. Continue Reading Sydney in September
As prior posts on this blog have noted (most recently here), the rise of cryptocurrencies is one of the most important and interesting recent developments in the financial arena. The rise of cryptocurrencies presents a number of challenges. Among the challenges is providing appropriate insurance solutions for cryptocurrency companies. In the following guest post, Karen Boto, a Legal Director at Clyde & Co law firm, takes a look at these cryptocurrency-related insurance issues. A version of this article was previously published as a Clyde & Co client alert. I would like to thank Karen for her willingness to allow me to publish her article as a guest post. I welcome guest post submissions from responsible authors on topics of interest to readers. Please contact me directly if you would like to submit a guest post. Here is Karen’s article. Continue Reading Guest Post: Cryptocurrencies – To Insure or Not to insure?
As readers of this blog know, data breach, cyber, and privacy-related issues have become a new important area of securities class action litigation in the U.S. In the following guest post, Andrew Miers, Jason Symons, and Shonagh Rasmussen of the HWL Ebsworth law firm review the possibilities or this type of securities lawsuit in Australia. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ guest post. Continue Reading Guest Post: Cyber and Privacy Risks: The Next Australian Securities Litigation Frontier?
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. Continue Reading What to Watch Now in the World of D&O
September is here. Labor Day has come and gone. Time to put away the swim trunks, parasols, flip flops, bungee cords, ukuleles, sun screen, boomerangs, bongos, snorkels, vorpal blades, and unicycles, and get back to work. Yes, it is time to answer all those emails and return all of those phone messages. And most importantly of all, it is time to catch up on what has been happening in the world of directors’ and officers’ liability and insurance. Here is what happened while you were out. Continue Reading While You Were Out
As I have noted in recent posts, the #MeToo movement has led to a number of D&O lawsuits as the accountability process has led not only to claims against the wrongdoers but also against the wrongdoers’ company and other company executives for turning a blind eye or failing to disclose the problems. On August 30, 2018, in the latest of these D&O claims arising out of revelations of sexual misconduct, investors filed a securities class action lawsuit against Papa John’s International, following news reports of sexual harassment at the company involving the company’s founder and former CEO and Chairman, John H. Schantter, as well as other executives at the company. Continue Reading Yet Another D&O Claim Arising out of Revelations of Sexual Misconduct
In an August 24, 2018 opinion in United States v. Hoskins (here), the Second Circuit held that a foreign national cannot be held liable under the FCPA, rejecting the U.S. Department of Justice’s accomplice liability theories. In the following guest post, attorneys from the Paul Weiss law firm take a look at the opinion and review its implications. A version of this article previously was published as a Paul Weiss client memo. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article. Continue Reading Guest Post: Second Circuit Rejects FCPA Liability for Foreign Persons
Litigation financing is one of the most important recent developments in the global claims arena. There is a very simple reason why it has become an increasingly important phenomenon, and that is because it is so highly remunerative. An August 27, 2018 Bloomberg article entitled “For the World’s Super Rich, Litigation Funding is the New Black” (here) takes an interesting look at the recent growth in litigation funding, as well as the reasons for and consequences of the growth. According to the article, for many institutional investors and other sources of investment capital, litigation funding is now viewed as just another asset class, albeit one with superior returns (for now, at least). The question is whether all of the current litigation financing fund raising is shrinking the opportunities and possible future returns. Continue Reading Is Litigation Financing “The New Black”?