In a highly anticipated decision issued this morning, the U.S. Supreme Court upheld the dismissal of a shareholder lawsuit where the plaintiffs failed to establish reliance on any statements made by the defendants. …
Read More Breaking News: Supreme Court Rules Against Investors to Limit Shareholder Suits

As one of his first actions upon taking office in January 2007, Florida Governor Charlie Crist asked the state legislature to increase the state’s hurricane catastrophe fund.  Crist’s initiative was designed to lower insurers’ costs, and insurers, which bought reinsurance from the state, were supposed to pass their savings on to policyholders. 

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Read More Governor Crist Assembles Trial Team To Review Insurers’ Compliance With Rate Reform

On 7 January 2008 the European Commission made public a report it had commissioned on Insurance Guarantee Schemes (IGS) in the European Union. IGSs provide last-resort protection for policyholders in situations where insurers are unable to provide cover, usually due to their insolvency. They are commonly financed from levies on the insurance industry. …
Read More Report Published on Insurance Guarantee Schemes in the European Union

The Companies Act 2006 (2006 Act) codifies into statute the general duties owed by directors to the company (although not to the exclusion of the previous common law duties and equitable principles).  There are both civil consequences for directors who act in breach of the duties and criminal sanctions for breaching the duty to declare an interest in existing transactions or arrangements. 

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Read More UK: Companies Act 2006: ICSA Guidance on Directors’ Duties

The English and Scottish Law Commissions are currently engaged in a wide ranging review of insurance contract law. Since September 2006 they have published a series of Issues Papers and one formal Consultation Paper setting out their proposals for reform to the law of misrepresentation, non-disclosure, warranties and agency in the context of pre-contract information. …
Read More The English and Scottish Law Commissions Have Published Their Latest Paper on Insurance Contract Law Reform

On January 10, 2008, the Illinois Division of Insurance (“DOI”) issued a consumer alert advising caution with respect to “Stranger/ Investor Originated Life Insurance” (“STOLI”) arrangements. …
Read More Illinois Issues a Consumer Alert Regarding Stranger/ Investor Originated Life Insurance

With potential implications for anyone doing business with a Massachusetts resident, the Massachusetts Office of Consumer Affairs and Business Regulation (“OCABR”) held a public hearing today concerning the proposed regulation 201 Mass. Code Regs. 17.00, the new Standards for the Protection of Personal Information of Residents of the Commonwealth. 

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Read More Aggressive New Proposed Regulation for the Security of Personal Information

On January 9, 2008, U.S. District Judge Charles Breyer denied ex-Brocade CEO Greg Reyes’ motion for a hearing or a new trial based on the allegedly false testimony of a witness at trial.  As previously reported (see here), Reyes was convicted of securities fraud on August 7, 2007 for failing to properly account for backdated stock options. 

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Read More Brocade Stock Options Backdating Criminal Trial: Reyes’ Motion For New Trial Denied

On January 3, 2008, the U.S. District Court for the Northern District of Illinois ordered Waste Management Inc.’s former CFO to pay more than $4 million to the Securities and Exchange Commission (“SEC”) in civil penalties and disgorgement. 

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Read More Ex-Waste Management CFO Ordered to Pay $4 Million in Connection with Accounting Fraud

On December 27, 2007, the Ohio Supreme Court voted 5 to 2 to uphold the constitutionality of the state’s statutory cap on pain and suffering damages in personal injury lawsuits. 

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Read More Ohio’s Highest Court Upholds Constitutionality of Statutory Cap on Pain and Suffering Damages