2016-09-13 01.52.58aThe D&O Diary’s Asia Pacific tour ended last week with a final stop in Mumbai for meetings and for an educational event PLUS was co-sponsoring with the local management liability insurance education group, Bima Gyaan. I enjoyed the chance to be back in Mumbai. It is a vibrant, dynamic, fascinating place, a place that is experienced more vividly and more viscerally than more ordinary destinations. Continue Reading A Mumbai Experience

david topol
David Topol
jennifer williams
Jennifer Williams

In its 2014 decision in Halliburton v. Erica P. John Fund, the U.S. Supreme Court reaffirmed the presumption of reliance under the fraud on the market theory. The Court also held that at defendant may rebut the presumption of reliance by showing that the alleged misrepresentation at issue did not affect the defendant company’s share price. In the following guest post, David Topol and Jennifer Williams of the Wiley Rein law firm take a look at the way that the lower courts have applied the Court’s holding in the 2014 decision, and review some pending cases that could have important implications for this way that the decision is applied in the lower courts. I would like to thank David and Jen for their willingness to publish their article 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 David and Jen’s guest post. Continue Reading Guest Post: Upcoming Appellate Decisions: Rebutting the Basic Presumption of Reliance

2016-09-07 23.48.06aThe D&O Diary’s swing through the Asia Pacific region continued last week with a short stop in Singapore. The same hot and steaming conditions that prevailed in Hong Kong were also in effect in Singapore, although because Singapore is only about 90 miles from the equator, the conditions were the same but more so. Singapore is a small, wealthy city state. Its geographic size is comparable to that of New York City, although Singapore’s population (about 5.8 million) is less than that of New York (about 8.9 million); Singapore’s population is larger than every U.S. city other than New York. Continue Reading A Visit to Singapore

rehana box
Rehana Box
marie vlassis
Marie Vlassis

As I have noted in several posts on this site (most recently here), one of the recurring D&O insurance coverage questions is the extent of the preclusive effect of the professional services exclusion. In the following guest post, Rehana Box and Marie Vlassis of the Ashurst law firm take a look at judicial developments in Australia regarding this issue. This article previously appeared in the LexisNexis Australian Insurance Law Bulletin. I would like to thank Rehanna and Marie for their willingness to publish their article 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 publish a guest post on this site. Here is Rehana and Marie’s guest post. Continue Reading Guest Post: Professional Services: What Does this Term Mean in an Exclusion Clause?

globalIn conjunction with my July 2016 visit to Munich for meetings at Munich Re, I sat down for an interview with Christian Furhmann, Chief Executive Manager at Munich Reinsurance Company. The interview, which Munich Re previously published here, is reprinted below. I would like to thank my friends at Munich Re for their permission to republish the interview on this site. Continue Reading D&O Liability: More Litigation Globally against a Broader Range of Defendants

2016-09-04 21.07.29aThe D&O Diary’s Asia Pacific travels continued this past week in Hong Kong for meetings and to participate in the PLUS Hong Kong Professional Liability Symposium. Early September is late in Hong Kong’s monsoon season, which meant that conditions were generally hot and steamy throughout my visit. It also meant periodic drenching downpours that discouraged any idea of outdoor activities. Despite the less than ideal weather conditions, I did manage to get a little bit of a look around while I was in Hong Kong. Continue Reading A Visit to Hong Kong

sakate khaitan
Sakate Khaitan

In keeping with my goal of presenting important topics concerning jurisdictions outside the United States, I am pleased to present this guest post by Sakate Khaitan of Khaitan Legal Associates about recent legislative changes in Indian that will impact the availability of arbitration procedures in that country. I would like to thank Sakate for his willingness to publish his 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 Sakate’s guest post. Continue Reading Guest Post: Arbitration in India – Is it Now Feasible?

frisbeeWith summer winding down, more readers have been sending in pictures of their Tenth Anniversary D&O Diary Frisbees, with many of the pictures taken on family vacations. It always a pleasure to see the many places where readers have taken their Frisbees for their photo shoot.   Readers will recall that in connection with The D&O Diary’s recent tenth anniversary, I offered to send out a D&O Diary Tenth Anniversary Frisbee to anyone who requested one – for free — but only if the Frisbee recipient agreed to send me back a picture of the Frisbee and a description of the circumstances in which the picture was taken. I have already published several rounds of Frisbee Photos (all of which can be found here), and now it is time for the next round. Continue Reading Yet Another Round of Frisbee Photos

2016-08-31 01.11.52aThe D&O Diary was on assignment last week in Australia, to attend and participate in the annual conference of the Australian Professional Indemnity Group (APIG), in Sydney. As a result of my travels to the conference, I once again experienced the miracle of modern technology. You can leave your home in, say, Cleveland, and less than 24 hours later you can be walking on a beach in Australia. I have made this trip or its equivalent many times now, but it still never ceases to amaze me. Continue Reading Notes from Sydney

keeping a lookoutEvery 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