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The D&O Diary

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Kevin M.  LaCroix

A journal by an attorney expert in directors and officers liability. Very interesting blog.

Categories: Law

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Latest Posts:

Dismissal Motion Granted in PayPal Data Breach-Related Securities Suit
As I have noted in several recent posts, plaintiffs' lawyers seem to have a renewed interest in trying to pursue securities class action lawsuits against companies that have experienced a data breach. Just to cite one recent example, as discussed her...
The D&O Diary
Tuesday, December 18, 2018

Guest Post: Five Hidden Takeaways from the Khaled and Mayweather SEC Orders
On November 29, 2018, the SEC announced that it had settled charges with boxer Floyd Mayweather Jr. and music producer DJ Khaled for failing to disclose payments they received for promoting investments in Initial Coin Offerings (ICOs). In the followi...
The D&O Diary
Monday, December 17, 2018

D&O Insurance: Additional Named Insured Entitled to Defense Cost Advancement
It is not uncommon for companies to add third parties as additional named insureds to their D&O insurance policies. Most of the time that doesn't cause any problems. However, serious problems can arise in a subsequent claim if a company's interes...
The D&O Diary
Sunday, December 16, 2018

Securities Lawsuit Filed Based on Reports of Alleged Inappropriate Office Relationship
In several recent conversations, I have been asked whether I thought that the whole #MeToo movement might have more or less played out, and that we might not be seeing as many, or even any, more D&O claims based on underlying allegations of sexua...
The D&O Diary
Thursday, December 13, 2018

Nissan Chairman's Arrest and Pay Disclosure Leads to U.S. Securities Suit
The high-profile November 18, 2018 arrest in Japan of Carlos Ghosn, the Chairman and former CEO of Nissan (and of several other car companies) on charges of misleading the Japanese government and investors about his compensation made the front pages ...
The D&O Diary
Thursday, December 13, 2018

Dismissal Motion Denied in Sexual Misconduct-Related Securities Suit
One of the things that has happened in the wake of revelations of high-profile sexual misconduct as part of the #MeToo movement has been the rise of D&O litigation following after the revelations. However, this type of sexual misconduct follow-on...
The D&O Diary
Wednesday, December 12, 2018

SEC Enforcement Activity Against Public Companies Surges in FY 2018's Second Half
In November, when the SEC released its annual enforcement activity report, the report showed that during the fiscal year that ended on September 30, 2018 both the volume of the agency's enforcement activity and the level of financial recoveries incre...
The D&O Diary
Tuesday, December 11, 2018

Guest Post: Ohio Now Accepts Bitcoin for Tax Payments; No Problem, Right?
Lost amidst all of the turmoil surrounding the dramatic swings in the value of digital currencies is that the original idea for these digital assets is that  they might actually be used as exchange media, in place of traditional currencies. Whether o...
The D&O Diary
Monday, December 10, 2018

Second Circuit: Excess D&O Policy's Warranty Statement Exclusion Precludes Coverage
The Second Circuit recently took up the insurance coverage dispute arising out of the high profile enforcement action the SEC pursued against hedge fund Patriarch Partners and its CEO, Lynn Tilton. The district court had ruled that coverage under the...
The D&O Diary
Sunday, December 9, 2018

Guest Post: Private Capital Investment: Getting the Portfolio Company Covered Right
Private Capital Investment is an increasingly important component of the global financial landscape. The increasing importance of Private Capital Investment raises a number of important issues, not the least of which are insurance-related issues. In ...
The D&O Diary
Thursday, December 6, 2018

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