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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:

Guest Post: Modern Slavery Report Recommends Tougher Disclosure Rules for U.K. Companies
One of the more interesting 21st century corporate disclosure developments has been the increased expectation by legislators and regulators that companies should examine their supply chains in order to determine whether chain participants are engaged...
The D&O Diary
Thursday, August 15, 2019

Cybersecurity Whistleblower Claim under the False Claims Act Settled
In addition to all of the other risks, liabilities and exposures arising from cybersecurity concerns, you can now add the possibility of a whistleblower action for cybersecurity fraud. According to a July 31, 2019 press release from counsel for the w...
The D&O Diary
Wednesday, August 14, 2019

Bribery-Related Securities Suit Based on Acquired Company's Pre-Merger Activities
As I have frequently noted on this site (most recently here), plaintiffs' lawyers often attempt to fashion a securities lawsuit out of on revelations of corporate activities involving alleged violations of anti-bribery laws. A securities class action...
The D&O Diary
Tuesday, August 13, 2019

Guest Post: Working Hard or Making Work? Plaintiffs' Attorneys Fees in Securities Fraud Class Actions
In the following guest post, Stephen J. Choi, Jessica M. Erikson, and Adam C. Pritchard take a look at the plaintiffs' attorney fee awards in "mega-settlements" in securities class action lawsuits. The authors ask the question whether the lawyers who...
The D&O Diary
Monday, August 12, 2019

The Fed Has a Message for Banks about D&O Insurance
The Federal Reserve wants bank directors and senior executives  to know that while their D&O insurance policies are "an important risk mitigation tool," their policies could contain exclusions that could "potentially limit coverage" and leave the...
The D&O Diary
Sunday, August 11, 2019

Guest Post: Using Facebook's "Like" Button May Violate the GDPR
In a number of prior posts, I suggested that privacy related issues may be a significant area of potential corporate risk in the months and years ahead. Among the potential sources of risk are the legal requirements of the General Data Protection Reg...
The D&O Diary
Thursday, August 8, 2019

Environmental Liability-Related Securities Suit Filed Against 3M
At a time when litigation involving corporate disclosures regarding cybersecurity, privacy, and human resource practices and other hot topics dominate the discussion, potential corporate exposure arising from environmental liabilities and disclosures...
The D&O Diary
Wednesday, August 7, 2019

Guest Post: What the Capital One Hack Means for Board of Directors
The news of the recent massive data breach at Capital One made the front pages of the business sections of newspapers across the country. The hack has drawn attention not just because of the magnitude of the hack, but also because the hackers apparen...
The D&O Diary
Tuesday, August 6, 2019

Recent Delaware Caremark Duty Decision Underscores Board Cyber and Privacy Liability Risks
Under the Delaware Chancery Court decision in the Caremark case, directors can be liable for failures in their oversight duties - that is, their duties to monitor the company and its functions. Lawsuits alleging a violation of the duty of oversight a...
The D&O Diary
Monday, August 5, 2019

D&O Insurance: Del. Court Rejects Insurers' Appraisal Action Coverage Defenses
As the number of shareholder appraisal lawsuits increased a few years ago, a recurring question has been whether or not a company's D&O insurance covers the company's costs incurred in defending an appraisal action. In a recent decision, a Delawa...
The D&O Diary
Sunday, August 4, 2019

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