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The D&O Diary

Visit Site - http://www.dandodiary.com/

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: A New Twist in M&A Litigation: Section 11 Cases in State Court
As I noted in prior posts, in March 2018, the U.S. Supreme Court held in the Cyan case that state courts retain concurrent jurisdiction for liability actions under the Securities Act of 1933. This development has been regarded as primarily a concern ...
The D&O Diary
Friday, November 16, 2018


Texas State Court Dismisses Post-Cyan Securities Act Lawsuit
When the U.S. Supreme Court confirmed in its March 2018 Cyan decision that state courts retain concurrent jurisdiction over '33 Act liability actions, commentators suggested that plaintiffs' lawyers would opt to pursue Section 11 claims in state cour...
The D&O Diary
Wednesday, November 14, 2018


Are GDPR Fines and Penalties Insurable?
When the European Union's updated General Data Protection Regulation (GDPR) went into effect on May 25, 2018, media reports focused on the potentially massive fines that the regulation authorizes - the regulation authorizes fines of up to 20 million...
The D&O Diary
Sunday, November 11, 2018


PLUS Conference in San Diego
This past week I was in San Diego for the annual PLUS Conference. The venue was great, the weather was absolutely terrific, and the Conference overall was a great success, as the pictures below reflect. I also had the chance to see many old friends a...
The D&O Diary
Thursday, November 8, 2018


Cybersecurity Disclosure Practices and Standards
In February 2018, the SEC updated its cybersecurity disclosure guidelines for reporting companies, emphasizing the importance to investors and markets for prompt and robust disclosure relating to cyber issues. Indeed, in April, the agency brought its...
The D&O Diary
Monday, November 5, 2018


SEC 2018 FY Enforcement Report Shows Increased Activity, Recoveries
Both the volume of SEC enforcement activity and the level of financial recoveries increased in the fiscal year that ended September 30, 2018, according to the agency's annual enforcement activity report. The increases came after activity had been dow...
The D&O Diary
Sunday, November 4, 2018


Do Opt-Out Settlements of $217.5 Million Foreshadow the Future of Securities Litigation?
In June 2017 when the U.S. Supreme Court entered its opinion in California Public Employees Retirement System v. ANZ Securities, in which the Court affirmed the Second Circuit and held that Securities Act of 1933's three-year statute of repose is not...
The D&O Diary
Thursday, November 1, 2018


Securities Lawsuit Filing Follows Generic Drug Price Fixing Allegations
As I have noted in prior posts (most recently here), in recent months, allegations of price fixing have given rise to follow-on securities class action lawsuit filings against generic drug companies alleged to have participated in the price-fixing. A...
The D&O Diary
Wednesday, October 31, 2018


Nike Board Hit with Sexual Misconduct-Related Derivative Suit
In the latest example of a D&O lawsuit following in the wake of allegations of sexual misconduct, three shareholders have filed a state court derivative lawsuit in Oregon against Nike's Board of Directors alleging that the defendants failed in th...
The D&O Diary
Tuesday, October 30, 2018


The Challenging Securities Litigation Landscape in Australia
As I have detailed in prior posts on this blog, securities class action litigation is well-established in Australia. According to a recent report from ISS Securities Class Action Services, securities class action litigation has grown "markedly" in th...
The D&O Diary
Monday, October 29, 2018



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