Our insurance policyholder practice works with boards of directors, board committees, general counsel, risk managers and individual directors and officers on all aspects of D&O liability and ERISA fiduciary liability insurance policies, including:
- Purchasing D&O and ERISA fiduciary liability insurance.
- Advising on the adequacy of corporate bylaws, charters and indemnification agreements with respect to director and officer liability.
- Assisting boards and board committees in evaluating the quality of the company’s D&O and ERISA coverage.
- Counseling individual directors and officers on minimizing the risk of personal liability.
- Assisting boards and companies in overseeing the litigation of securities fraud, ERISA and derivative claims.
- Assisting companies, directors and officers in obtaining D&O and ERISA insurance recoveries.
D&O insurance policies protect directors and officers primarily against securities fraud lawsuits. We know firsthand the dynamics of these lawsuits, how to gauge their danger and how to settle them. Our experience in this regard makes us highly attuned to how particular D&O insurance policy language can impact the resolution of securities fraud litigation. We never lose sight of why these policies were purchased and what they are intended to accomplish.
Our attorneys have years of experience in litigating insurance coverage disputes, including numerous disputes under D&O and fiduciary insurance policies. We take policy language seriously because we understand how important policy language can be in successfully resolving insurance litigation and how a few words can make millions of dollars worth of difference.