Directors’ and Officers’ Liability Engagements

• We act as coverage counsel for individual directors or officers, corporations and shareholders in coverage disputes arising out of options "backdating" cases, and have orchestrated settlements of such claims with significant contributions of insurance funds.

• We represented an insolvent company in mediation and litigation efforts which resulted in a significant recovery for the bankruptcy estate under the company’s directors and officers policy.
  
  

• We successfully arbitrated and ultimately obtained an advantageous settlement of an insurer’s rescission claim based on a biomedical technology company’s financial restatement.
  
  

• We advise public and private companies in the placement of their D&O liability program, working with their brokers to ensure that the layers of coverage are appropriately structured and that the companies and individual directors and officers receive the coverage they expected.

• We have represented many private companies in claims under their management liability/D&O policies, which represent unique challenges in view of the non-standard policy language sold for these risks and the unique array of claims brought against private companies.

• We have worked with a number of defense counsel to settle multi-million dollar securities claims against public technology, biomedical, manufacturing and transportation companies.  We have obtained significant contributions to such settlements from insurers even in circumstances where the claims raised serious rescission or other fraud defenses.  We often are able to settle these claims without resort to litigation.  In other instances, however, we have successfully pursued litigation or arbitration against recalcitrant insurers.