When Government Investigators Come Calling, Give A Little Whistle For D&O Coverage

This article originally ran in Corporate Counsel magazine in October 2011

Quite a little financial crisis we had there. In its wake, the enforcers on the corporate beat are at least somewhat reinvigorated with new tools, powers and pressures to prevent malfeasance. That spells new liability risks for directors and officers and hence — new challenges in pursuing D&O insurance claims.

Among the emerging risks that are likely to spur D&O claims in the near future are whistleblower claims under Dodd-Frank, the long reach of the U.K. Bribery Act 2010, pre-litigation governmental investigations, and shareholder derivative suits. The broad coverage writ for "Wrongful Acts" characteristic of D&O liability insurance should in most instances provide coverage or at least defense costs for these risks.