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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:

Dismissal Motion Denied in ExxonMobil Climate Change-Related Securities Suit
As I noted when it was filed in 2016, the securities class action lawsuit investors filed against ExxonMobil and certain of its executives represented something of a milestone as it was the first securities class action lawsuit of which I am aware ba...
The D&O Diary
Wednesday, August 15, 2018


Ninth Circuit Decries Consideration of Extraneous Matter, Reverses Securities Suit Dismissal
The motion to dismiss phase is a critical stage in the life cycle of a securities class action lawsuit. If a case survives the dismissal motion, it likely will move toward settlement, as so few cases actually go to trial. The motion to dismiss in int...
The D&O Diary
Tuesday, August 14, 2018


Ontario Court Rejects "Jurisdictional Overreach" for Canadian Securities Suits
There was a time only a few short years ago when the U.S. courts were the preferred forum for the litigation of securities class actions claims, arguably even claims whose relationship to the U.S. and to U.S. laws was slight. The U.S. courts role as ...
The D&O Diary
Tuesday, August 14, 2018


Tesla Investors File Securities Suits Over Elon Musk's Take-Private Tweets
I have long thought that it was only a matter of time before somebody filed a securities class action lawsuit based on disclosures made through social media. I knew we were going to see that lawsuit someday or other. Well, the day has arrived. On Fri...
The D&O Diary
Sunday, August 12, 2018


Guest Post: Merger Objection Lawsuits Getting Tougher for Plaintiffs' Attorneys
As I have previously noted on this blog, merger objection litigation imposes significant costs on the defendant companies and their insurers. In the following guest post, Patrick Gallagher of the integrated communications and investor relations firm ...
The D&O Diary
Thursday, August 9, 2018


Crime Policy Doesn't Cover Employee Credit Card Overcharge Losses
A recent coverage dispute involving a Nevada club's losses resulting from its employees' theft from the club's customers' credit cards raises interesting issues with implications for coverage questions for other kinds of losses for which policyholder...
The D&O Diary
Wednesday, August 8, 2018


Three U.K. Insurers Hit with Complaints Over Alleged Climate Change-Related Disclosure Omissions
For some time, I have been arguing that climate change-related disclosure is going to be an increasingly hot button issue. Among other things, I have long believed that advocacy groups will attempt to use disclosure-related issues as a way to try to ...
The D&O Diary
Tuesday, August 7, 2018


What to Talk About When You Talk About D&O Insurance
Perhaps because of my many years in the D&O insurance business, I am frequently approached by younger insurance agency and insurance brokerage professionals who are thinking about trying to concentrate on D&O insurance as product specialty. I...
The D&O Diary
Monday, August 6, 2018


Insurer Seeks Rehearing of Ruling That Payment Instruction Fraud is Covered
The insurer on the receiving end of the recent Sixth Circuit ruling that the a payment instruction fraud loss is covered under the Computer Fraud section of a Commercial Crime policy has filed a petition for rehearing or rehearing en banc. In its Jul...
The D&O Diary
Sunday, August 5, 2018


Del. Supreme Court Holds Settlement Amounts Not Uninsurable Disgorgement
A coverage defense that insurers frequently raise is the assertion that the amount for which the insurance payment is sought represents uninsurable disgorgement. Beyond the more general question of whether or not disgorgements are or are not insurabl...
The D&O Diary
Tuesday, July 31, 2018



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