Guest Post: SEC Enforcement Data: Midyear Review

By | The D&O Diary | May 24, 2017
skarzynski 1In the following guest post, Tammy Yuen and Ted Carleton of the Skarzynski Black law firm review and analyze the May 9, 2017 Cornerstone Research report entitled “SEC Enforcement Activity: Public Companies and Subsidiaries, Midyear FY 2017 Update” (here), which details the SEC’s enforcement activity during the first half of the current fiscal year. View Full Post
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D&O Insurance is Important for Private Companies, Too

By | The D&O Diary | May 18, 2017
board roomExecutives at companies whose securities are publicly traded typically don’t need to be persuaded that their company needs D&O insurance. They understand that the exposures public companies face make D&O insurance indispensable. However, the view of some private company managers may be different, particularly for officials at companies whose shares are very closely held. View Full Post
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Commentary On “Winning the Securities Class Action War”

By | The D&O Diary | May 16, 2017
gavelOver the last several days, Doug Greene of the Lane Powell law firm has been running a series of articles on his D&O Discourse blog asking the question “Who is Winning the Class Action War?” In the aggregate, the multi-part series provides an interesting commentary on the current state of securities class action litigation in the United States. View Full Post
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What Happens When the Policy Doesn’t Say What Was Intended?

By | The D&O Diary | May 15, 2017
californiaDuring the insurance placement process, important policy terms and conditions are often the subject of negotiation. If things go as intended, the policy that is later issued accurately reflects the outcome of the negotiations. A frequently recurring question is what to do if it is later contended that the policy as issued does not accurately reflect what was negotiated. View Full Post
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Proposed Disclosure and Corporate Governance Reforms in the Financial Choice Act 2.0

By | The D&O Diary | May 14, 2017
In a post last week, I wrote about the proposed revised Financial Choice Act (H.R. 10) now pending before Congress and the potential impact that the bill could have on the SEC’s enforcement program. In this post, I address the potential impact that the bill’s provisions could have on public company disclosure requirements and corporate governance. View Full Post
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Guest Post: The Impact of a Recent Criminal Case in Spain On D&O Insurance

By | The D&O Diary | May 11, 2017
Jorge Angell Jorge Angell As part of The D&O Diary’s ongoing efforts to keep abreast of important D&O insurance developments around the world, I am pleased to present the following guest post regarding D&O issues in Spain. In his guest post, Jorge Angell, the  senior partner at the Madrid law firm of LC Rodrigo Abogados, takes a look at certain features of the criminal liability system in Spain and reviews the implications for D&O insurance. View Full Post
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