Summary
D&O liability insurance remains a vital issue for companies
and their directors and officers. Specific policy provisions to
focus on when renewing or purchasing D&O insurance are examined
here.
In Depth
Directors and officers (D&O) liability insurance remains a
vital issue for companies and their directors and officers as
potential sources of liability continue to evolve. More securities
lawsuits were filed in the past year than in any year since 2008,
reflecting increased liability risks surrounding mergers and
acquisitions, and IPOs. And on September 9, 2015, the US Department
of Justice (DOJ) issued the so-called "Yates Memo," which
reaffirmed the DOJ's policy prioritizing enforcement against
individuals allegedly involved in corporate crime. Beyond these
headline-grabbing exposures, individual directors and officers at
even relatively small companies and nonprofits remain subject to a
variety of potential claims, from alleged fiduciary liability
