In a May 16, 2018 press release (here), Michigan State University announced that its board of trustees has approved a settlement in which the university agreed to pay MSU doctor Larry Nassar’s sexual assault victims a total of $500 million. There are a number of noteworthy features to this settlement agreement, beyond just its sheer size. Among other things, the school does not yet know for sure how it is going to fund the settlement.
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The fallout from the current wave of revelations sexual misconduct involving media figures, politicians, and corporate executives has included, among other things, a rash of D&O claims – including, for example, claims against the boards of 21st Century Fox and Wynn Resorts. An interesting recent scholarly paper takes a detailed look at D&O claims arising out of allegations of sexual misconduct, examines the potential bases of liability, and considers the relative social utility of this kind of litigation, as well as the practical implications for corporate boards and their organizations. The March 22, 2018 paper by Daniel Hemel and Dorothy Lund of the University of Chicago Law School and entitled “Sexual Harassment and Corporate Law” can be found here. The authors summarize their paper in an April 9, 2018 post on the CLS Blue Sky Law Blog (here).
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