Priya Cherian Huskins

As I have noted in prior posts (most recently here), there have already been at least two coronavirus-related securities class action lawsuits filed. In the following guest post, Priya Cherian Huskins, takes a look at these first pandemic-related cases and compares and contrasts them with general securities litigation filings patters. She also takes a look at the implications of the cases for coronavirus-related company disclosures.  Priya is a Senior Vice President and Partner at Woodruff Sawyer. A version of this article previously appeared in the D&O Notebook. I would like to thank Priya for allowing me to publish her 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 Priya’s article.
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Daniel Wolf

This blog’s readers know that a claim arising from the current coronavirus-related outbreak could present a number of insurance-related issues, including, among many others, perennial issues involving timeliness of notice of claim. In the following guest post, Daniel Wolf, an associate at the Gilbert LLP law firm, take a look at notice of claim considerations businesses may want to take into account with respect to potential coronavirus-related claims  A version of this article first appeared on his firm’s blog. I would like to thank Daniel for allowing me 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 blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Daniel’s article.
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The coronavirus pandemic poses a host of threats and challenges for every organization. The outbreak also presents a number of serious challenges for boards of directors as well. In the following guest post, Paul Ferrillo, a partner in the McDermott, Will & Emery law firm, considers the challenges that boards are facing and the litigation threats that may arise as a result. I would like to thank Paul for allowing me 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 blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Paul’s article.
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Sean M. Fitzpatrick

A great deal of the attention in the business pages to the coronavirus outbreak has focused on the question of insurance coverage for pandemic-related business losses. In the following guest post, Sean M. Fitzpatrick takes a look at these issues and provides his own thoughts. Sean is professor of public policy at Trinity College in Hartford, CT. This article was originally published in the CT Mirror on March 22, 2020. I would like to thank Sean for allowing me 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 blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Sean’s article.
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John F. McCarrick

As I have noted in prior posts, among the many implications from the current coronavirus outbreak is the possibility that the pandemic might result in D&O claims. This possibility in turn has a number of D&O insurance underwriting implications. In the following guest post, John F. McCarrick, a partner in the White & Williams law firm, takes a look at these possible underwriting implications. A version of this article previously was published as a White & Williams client alert. I would like to thank John for allowing me 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 blog’s readers.
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In a post late last week I noted the filing of the first coronavirus-related securities class action lawsuit, commenting at the time that though the lawsuit was the first, it was unlikely to be the last. I did not suspect that the next coronavirus-related securities suit would come quite so quickly – in fact, it appears that the second coronavirus-related suit might actually already been filed then. On March 12, 2020, an Inovio Pharmaceuticals shareholder filed a securities class action lawsuit against the company and its CEO based upon the CEO’s statements about the company’s development of a COVID-19 vaccine. A copy of the Inovio Pharmaceuticals complaint can be found here.
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After I published a post last week suggesting that there could be D&O claims arising out of the COVID-19 coronavirus outbreak, several people suggested to me that I was being alarmist and expressed deep skepticism about the possibility of coronavirus-related claims. After all, they said, there were no D&O claims filed in connection with the SARS, MERS or Ebola outbreaks. Well, there may well have been no D&O claims related to those prior outbreaks. However, it looks like in this context as in many others, the COVID-19 outbreak is going to be different. On March 12, 2020, a plaintiff shareholder filed a securities class action lawsuit against Norwegian Cruise Line Holdings, Ltd. alleging that the company was employing misleading sales tactics related to the outbreak. A copy of the plaintiff shareholder’s complaint can be found here.
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On March 10, 2020, as part of a Professional Liability Underwriting Society (PLUS) series of recorded discussions on the possible professional liability insurance implications of the COVID-19 Coronavirus outbreak, I participated in a short conversation on the viral outbreak’s D&O insurance implications. Joining me for the conversation were my good friends Carl Metzger of the

Over the last few days, as updates about the spread of the coronavirus have dominated the news cycle and roiled financial markets, I have had a number of conversations about whether the emerging coronavirus outbreak could result in D&O claims. There is no doubt that if a building fire, a plane crash, or an oil spill can result in D&O claims, the impacts on any given company arising from a global pandemic might at least as a theoretical matter also result in a D&O claim. As discussed below, there are a number of ways in which circumstances surrounding the evolving coronavirus health crisis might result in D&O claims.
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