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Emerging Issues in D&O Liability Insurance
Directors' and officers' (“D&O”) liability insurance protects corporate directors and officers from third-party claims made against them in their capacities as directors and officers for certain breaches of their duties to their corporation and its shareholders. Due to recent statutes and case law increasing directors' and officers' duties and exposure to potential liability, demand for this type of insurance has increased rapidly in recent years. This increase in demand has led to a significant rise in coverage litigation to define and interpret the language of existing policies. This article discusses a few emerging issues that can arise under D&O policies, and how they can impact policyholders.
Emerging Coverage Issues
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.