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D&O Diary 02/12/2019 16:49
As was the case in 2017, there were relatively few larger securities class action lawsuit settlements during 2018, compared to prior years. As reported in latest large securities class action lawsuit settlement report from ISS Securities Class Action Services (ISS), there were only four settlements in 2018 that were large enough to make the list … Continue Reading. The post ISS Releases 2018 Top 100 U.S. Securities Suit Settlements List appeared first on The D&O Diary .
D&O Diary 02/12/2019 04:10
As I have previously noted, 2018 was another extraordinary year for U.S. securities class action litigation, as filings overall remained at near-historical rates. One of the significant contribution factors to this development was the substantial number of securities suits filed against life sciences companies. The number and significance of the securities suits filed against life … Continue Reading. The post A Detailed Look at 2018 Securities Litigation Against Life Sciences Companies appeared first on The D&O Diary .
D&O Diary 02/07/2019 17:52
This past week I was at the annual Professional Liability Underwriting Society (PLUS) D&O Symposium at the Marriott Marquis Hotel in Times Square, New York. The weather on the Tuesday arrival day was unusually clement for early February in New York, and even though rain moved in on Wednesday evening, the good vibe on arrival … Continue Reading. The post PLUS D&O Symposium in New York appeared first on The D&O Diary .
D&O Diary 02/05/2019 15:51
It is extremely rare for securities class action lawsuits to go all the way through to a jury verdict. Since 1996, there have been more than 5,200 securities class action lawsuits filed, but, as detailed further below, fewer than 25 cases during that time have gone to trial. However, on February 4, 2019, a jury … Continue Reading. The post Rare Securities Class Action Lawsuit Trial Results in Partial Verdict for Plaintiffs appeared first on The D&O Diary .
D&O Diary 02/03/2019 14:57
Cybersecurity threats are on the rise. Companies that find themselves hit with data breaches face a number of challenges, including in particular the challenge of responding to strict breach disclosure and notification requirements. In the following guest post, Paul A. Ferrillo, a shareholder in the Greenberg Traurig kaw firm’s Cybersecurity, Privacy, and Crisis Management Practice, … Continue Reading. The post Guest Post: Beat the Clock: 5 Important Steps to Deal with Today’s Complicated Cyber Breach Disclosure World appeared first on The D&O Diary .
D&O Diary 01/30/2019 17:54
During 2017 and 2018, plaintiffs’ lawyers filed a number of securities class action lawsuits against companies that had experienced data breaches. Among the highest profile of these cases was the securities lawsuit filed in 2017 against the credit rating firm, Equifax, which in September 2017 announced that hackers had breached its consumer database and accessed … Continue Reading. The post Equifax Data Breach-Related Securities Suit Dismissal Motion Denied in Part, Granted in Part appeared first on The D&O Diary .
D&O Diary 01/29/2019 18:12
A big factor in the heightened levels of securities litigation filings in 2018 and one of the most important recent litigation trends has been the rise of event-driven securities litigation. These are securities lawsuits based not – as was the case in the past – on accounting misstatements or financial misrepresentations, but on setbacks in … Continue Reading. The post Latest Brazilian Dam Disaster Leads to Event-Driven Securities Suit appeared first on The D&O Diary .
D&O Diary 01/29/2019 18:12
The pace of federal court securities class action filings during 2018 was “the highest since the aftermath of the 2000 dot-com crash,” according to a recent report from NERA Economic Consulting. Not only were the filings during the year at significantly elevated levels, but the filings “accelerated over the second half of the year, with … Continue Reading. The post NERA Economic Consulting: Securities Suit Filings at Highest Level in Years appeared first on The D&O Diary .
D&O Diary 01/27/2019 20:02
Everyone involved in any way in D&O insurance transactions has seen an insurance buyer choose to buy a policy that while less expensive provides narrower coverage. Sometimes the price difference might be slight, sometimes the difference could be significant. But the fact is, the most expensive policy is the one that doesn’t provide coverage when … Continue Reading. The post D&O Insurance: Policy Wording Matters appeared first on The D&O Diary .
D&O Diary 01/24/2019 17:36
Among the agencies largely closed by the current partial U.S. federal government shutdown is the U.S. Securities and Exchange Commission (SEC). In the following guest post, John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, takes a look at what the SEC’s closure means for … Continue Reading. The post Guest Post: Why the Shutdown Must End appeared first on The D&O Diary .
D&O Diary 01/22/2019 17:37
In the following guest post, Ulrike Binder, a corporate partner in Mayer Brown’s Frankfurt office, Jan Kraayvanger, a partner in Frankfurt office of Mayer Brown’s Litigation & Dispute Resolution practice, Burkhard Fassbach, Legal Counsel to Howden Germany, take a look at recent corporate governance and executive liability developments in Germany.
D&O Diary 01/21/2019 17:56
In recent years, plaintiffs’ lawyers have filed a number of management liability lawsuits against the executives of companies that have experienced high-profile data breaches. These lawsuits have either been filed as shareholder derivative lawsuits or securities class action lawsuits. By and large, the cases filed as shareholder derivative lawsuits have been unsuccessful. However, in a … Continue Reading. The post Yahoo Data Breach-Related Derivative Suit Settled for $29 Million appeared first on The D&O Diary .
D&O Diary 01/20/2019 21:16
As I have noted in prior posts (for example, here), a few plaintiffs’ law firms have launched a wave of lawsuits under the Americans with Disabilities Act (ADA) based on website inaccessibility allegations. In one of the first appellate court decisions on the legal issues these cases present, the Ninth Circuit recently reversed a lower … Continue Reading. The post Ninth Circuit Addresses Website and Mobile App ADA Accessibility appeared first on The D&O Diary .
D&O Diary 01/17/2019 17:59
In a three-post series, Jonathan Legge, a Senior Vice President at RT Pro Exec, is taking a look at the key insurance issues relating to Private Capital Investment. In the first of the three articles in the series (here), Jon examined the issues involved with getting the insurance for private equity-backed portfolio companies right. In … Continue Reading. The post Guest Post: Don’t Forget About the Other Transactional Solutions appeared first on The D&O Diary .

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