Articles by Kevin LaCroix

Are lower securities lawsuit filing levels temporary or permanent?

There are a number of reasons to be skeptical, based on limited data, that we have moved to a permanently lower level of fraudulent corporate activity and of securities class action filings. In early July, Stanford University Law School Class …

Are lower securities lawsuit filing levels temporary or permanent?

In early July, Stanford University Law School Class Action Clearinghouse and Cornerstone Research jointly issued their mid-year 2007 report on securities class action filings. The report confirmed that 2007 year-to-date filings remain at about the same levels as in 2006 …

Directors & Officers Liability

For years, environmental issues, including issues arising from global warming, have hovered on the periphery of concerns affecting directors’ and officers’ liability exposure. But an April 2, 2007, decision by the U.S. Supreme Court, together with a confluence of other …

Bankruptcy and D&O Claims Settlements

Ever since “entity coverage” became a part of the standard directors’ and officers’ policy, bankruptcy courts have wrestled with the question of whether D&O policy proceeds are property of the bankrupt estate and therefore subject to the bankruptcy code’s automatic …

Bankruptcy and D&O claims settlements

Ever since “entity coverage” became a part of the standard directors’ and officers’ policy, bankruptcy courts have wrestled with the question of whether D&O policy proceeds are property of the bankrupt estate and therefore subject to the bankruptcy code’s automatic …

Managing D&O claims expense

One of the standard features of the typical directors’ and officers’ liability insurance policy is the provision allowing the insureds to select their own defense counsel, subject only to the insurance carrier’s consent (such consent not to be unreasonably withheld). …

Managing D&O claims expense

One of the standard features of the typical directors’ and officers’ liability insurance policy is the provision allowing the insureds to select their own defense counsel, subject only to the insurance carrier’s consent (such consent not to be unreasonably withheld). …

Climate Change: Directors’ and officers’ risk ahead?

For years, environmental issues, including issues arising from global warming, have hovered on the periphery of concerns affecting directors’ and officers’ liability exposure. But an April 2, 2007, decision by the U.S. Supreme Court, together with a confluence of other …

Climate Change: Directors’ and officers’ risk ahead?

For years, environmental issues, including issues arising from global warming, have hovered on the periphery of concerns affecting directors’ and officers’ liability exposure. But an April 2, 2007, decision by the U.S. Supreme Court, together with a confluence of other …

Insider trading plans: A new D&O underwriting concern?

For several years, directors and officers underwriters have viewed corporate insiders’ adoption of so-called “Rule 10b5-1 plans” as evidence of good corporate governance and as a positive underwriting factor. However, recent academic research and regulatory comments suggest that those plans …