D&O Liability

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The fourth and final panel of the 2012 PLUS D&O symposium’s first day focused its discussion on the current claim cycle, and where the industry finds itself.  The panel’s discussion was driven largely by questions from the moderator and the audience. …
Read More PLUS D&O Symposium 2012 – Day 1 Fourth Panel: Where In The Cycle Are We?

The third panel on day one of the PLUS D&O Symposium addressed developments arising from the financial crisis and the implications of these developments for D&O insurers, and assessed the current and potential future impact on the underwriting of financial institutions.  One panelist believes that the industry has weathered the financial crisis fairly well. …
Read More PLUS D&O Symposium 2012 – Day 1 Third Panel: Financial Institutions Underwriting: Is It Safe to Come Out Now?

In the second panel of the PLUS D&O Symposium, the panelists discussed the recent rise in litigation following mergers and acquisitions.  One panel member recalled that around 84% of M&A deals result in litigation, with an average of five lawsuits filed in each case. …
Read More PLUS D&O Symposium 2012 — Day 1 Second Panel: What’s New in M&A Litigation and How Did We Get Here?

The first panel of the 2012 PLUS D&O Symposium discussed some of the latest trends in securities litigation and opined on potential future developments which may impact the D&O industry. …
Read More PLUS D&O Symposium 2012 — Day 1 First Panel: Latest Trends in Securities Litigation and Dodd-Frank

The Second Circuit has declared that a bond insurer’s D&O program was obligated to pay costs incurred by an independent consultant who was hired during the course of settlement negotiations, despite the carrier’s claimed lack of an effective association in the settlement.  MBIA, Inc. v. Federal Insurance Company and ACE American Insurance Company, No. 10-355 (2d Cir. July 1, 2011). 
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Read More Second Circuit Finds That D&O Policies Must Cover Costs Incurred By Independent Consultant Hired During Settlement Discussions

Federal Investigation

Federal lawmakers recently called on several agencies, including the Securities and Exchange Commission (SEC), the Energy Information Administration (EIA) and the Government Accountability Office (GAO), to investigate whether the natural gas industry has provided an accurate picture to investors of the long-term profitability of their wells and the amount of gas these wells can produce. …
Read More Hydrofracking Under Fire: Federal and State Lawmakers Turn Up Heat on Natural Gas Industry and NY Attorney General Issues Subpoenas to Five Companies