Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
By: John Goselin On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme Court is hearing this case to resolve a circuit split regarding whether a claim under Section 14(e)…
Limitations On Directors & Officers’ Liability Coverage
By: David Molinari Directors and Officers (D&O) Liability Insurance is insurance coverage intended to protect individuals from personal losses if they are sued as a result of serving as a Director or Officer of a business or other type of organization. Directors and Officers policies may also cover legal fees and other costs the organization…
FDIC Publicizes Failed Bank Settlements
By: Kelly Morrison In an apparent response to criticism for their lack of transparency, the FDIC has published dozens of settlement agreements arising out of the now 106 lawsuits the agency has filed against failed banks. The FDIC has indicated that it will post additional settlement information by March 31. These settlement agreements provide valuable…
Georgia's Failed Bank Litigation Addresses “Insured vs. Insured” Coverage Exclusion
By: Kelly Morrison Georgia is no stranger to failed banks, and thus continues to host to a number of FDIC lawsuits against former directors and officers. Not surprisingly, these lawsuits are testing the legal waters regarding several coverage exclusions, as D&O insurers batten down the hatches in anticipation of further lawsuits. On January 4, 2013,…
D&O Insurance Policies Now Tailored to Health Care Organizations
By: Kelly Morrison
The new wave of insurance policies explicitly addresses antitrust and HIPAA concerns unique to the medical industry.
Please visit the following link for more information: D&O Insurance for Healthcare Organizations: Our Prescription for Better Coverage.
Data Breach Rising Liability Concern For Businesses
By: Kelly Morrison
Data breaches and technology-related legal claims against companies, along with their officers and directors, are increasing. As this is a developing area of the law, awareness of the risk and associated liabilities are a weak point for many businesses. It is key for businesses
Federal Court Changes Liability Standard for Georgia's Directors and Officers
By: Mary Anne Ackourey and Kelly Morrision
In the wake of the mortgage housing crisis, more banks have failed in Georgia than in any other state. A reflection of this troubling statistic is that a number of cases have been filed by the Federal Deposit Insurance Corporation (FDIC) against bank officers and directors. These cases allege personal liability due to