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4 Aug 2017, 6:00 am by Doug Cornelius
[More…] More about Crime Coverage and Social Engineering Fraud by Kevin LaCroix in The D&O Diary Just days after a Southern District of New York judge ruled in the Medidata Solutions decision that the Computer Fraud section of a commercial crime policy covered losses from social engineering fraud  (as I discussed in a post last week), a judge in the Eastern District of Michigan has held that a crime policy’s computer fraud section… [read post]
4 Aug 2017, 6:00 am by Doug Cornelius
[More…] More about Crime Coverage and Social Engineering Fraud by Kevin LaCroix in The D&O Diary Just days after a Southern District of New York judge ruled in the Medidata Solutions decision that the Computer Fraud section of a commercial crime policy covered losses from social engineering fraud  (as I discussed in a post last week), a judge in the Eastern District of Michigan has held that a crime policy’s computer fraud section… [read post]
2 Jul 2017, 9:05 pm by Walter Olson
.: pendency of class action does not suspend three-year time limit for filing individual securities actions [Kevin LaCroix/D & O Diary, Federalist Society podcast with Mark Chenoweth] Why I’m not joining the fury over Justice Gorsuch’s dissent in Pavan v. [read post]
30 Jun 2017, 6:00 am by Doug Cornelius
”[More…] Supreme Court to Review Whether Dodd-Frank Anti-Retaliation Provisions Protect Internal Whistleblowers by Kevin LaCroix in The D&O Diary [Y]ou might well have overlooked the fact that on Monday the Court also agreed to take up the question of whether or not the Dodd-Frank Act’s anti-retaliation provisions apply to and protect individuals who did not make a whistleblower report to the SEC. [read post]
28 Jun 2017, 3:00 am by John Jenkins
FCPA:  Many Derivative Actions Filed, But Few Make the Cut Over on the ‘D&O Diary,’ Kevin LaCroix recently blogged about the fate of many derivative actions that follow on the heels of the announcement of an FCPA violation. [read post]
7 Jun 2017, 3:00 am by John Jenkins
Kevin LaCroix at “The D&O Diary” recently blogged about the continuing decline in the number of deal cases being brought in Delaware Chancery Court. [read post]
6 Jun 2017, 6:51 am by Doug Cornelius
Gorman in SEC Actions The Hill completely blows Supreme Court’s decision in Kokesh, missing the main point by Professor Bainbridge Supreme Court Holds Disgorgement Claims Subject to Five-Year Statute of Limitations by Kevin LaCroix in the D & O Diary Supreme Court Benchslaps SEC Yet Again – Rules That Disgorgement Is A Penalty Subject To A Five Year Limitations Period by the FCPA Professor The SEC Reaching Back Far In The Past With Its Powers of Disgorgement [read post]
31 May 2017, 3:34 am by Liz Dunshee
This blog by Kevin LaCroix explains why program structure matters & how competing interests affect coverage decisions. [read post]
14 Apr 2017, 3:02 am by Broc Romanek
Here’s the 113-page Wells Fargo board report – and here’s the news: – NY Times “Wells Fargo to Claw Back $75 Million From 2 Former Executives” – USA Today’s “Wells Fargo clawing back $75.3 million more from former execs in fake accounts scandal” – WSJ’s “Wells Fargo Claws Back Millions From CEO After Scandal” – Fortune’s “How Wells Fargo’s Carrie Tolstedt Went from Fortune Most Powerful Woman… [read post]
12 Apr 2017, 3:00 am by John Jenkins
  Well, Kevin LaCroix at The D&O Diary blogs that 2017 is on course to blow those records away: The annualized pace of the 1st quarter’s litigation rate of 10.8% is more than four times the 1997-2015 litigation rate of 2.5%. [read post]
7 Apr 2017, 6:00 am by Doug Cornelius
You Need to Know This: YTD Securities Class Action Lawsuit Filings are Off the Charts by Kevin LaCroix in the D&O Diary Securities class action lawsuit filings have been going crazy. [read post]
16 Mar 2017, 3:00 am by John Jenkins
This blog from Kevin LaCroix at The D&O Diary summarizes a recent study examining the impact of the significant changes in Delaware’s approach to merger litigation over the past two years. [read post]
24 Feb 2017, 3:00 am by John Jenkins
Big-ticket litigation is widely perceived to be a uniquely American phenomenon, but Kevin LaCroix has been following developments on the international front – & there may be storm clouds gathering there as well, as this excerpt from a recent D&O Diary blog suggests: A number of high-profile cases are now working their way through European courts. [read post]
24 Feb 2017, 3:00 am by John Jenkins
Big-ticket litigation is widely perceived to be a uniquely American phenomenon, but Kevin LaCroix has been following developments on the international front – & there may be storm clouds gathering there as well, as this excerpt from a recent D&O Diary blog suggests: A number of high-profile cases are now working their way through European courts. [read post]
17 Feb 2017, 6:00 am by Doug Cornelius
[More…] Ninth Circuit: Ethics Code Violations Insufficient to State Securities Law Claim by Kevin LaCroix in The D&O Diary The Ninth Circuit, in a recent case arising out the departure of former H-P CEO Mark Hurd for alleged misconduct, examined whether a senior official’s violation of a company’s ethics code, after having touted the company’s high standards for ethics and compliance, may state a claim for violation of the federal securities laws. [read post]
30 Jan 2017, 3:00 am by John Jenkins
  Kevin LaCroix of the “D&O Diary” speculates that Yahoo! [read post]
27 Jan 2017, 6:00 am by Doug Cornelius
by Kevin LaCroix in the D&O Diary Ever since the SEC released its cyber security disclosure guidelines in October 2011, commentators (including me) have been speculating whether the agency might try to nab a company whose disclosure practices the agency might use as sort of a test case on the guidelines’ requirements. [read post]
14 Dec 2016, 3:05 am by Walter Olson
Top Court Rules Litigation Finance Transaction Violates Champerty Doctrine” [Kevin LaCroix, Alison Frankel on Justinian Capital SPC v. [read post]