Thought Leadership

2019 Quarterly Review – Fourth Quarter

A quarterly publication highlighting news and developments in executive liability and insurance

2019 Quarterly Review – Fourth Quarter

News and Developments in Executive Liability and Insurance

News & Developments

A Second Delaware Case Finds Potential Caremark Liability
Cyan Continues to Wreak Havoc: Compels Remand of Previously Removed State Court Securities Suits
Supreme Court to Consider Challenge to SEC’s Power to Obtain Disgorgement
SEC Whistleblower Protections Extend Beyond Employees
Pennsylvania State Court Rejects Forum Selection Clause in Certificate of Incorporation

Cases of Interest

Department of Labor Inspection Request is Not a Fiduciary Claim
Combination of Communications Constitute Fraudulent Instruction and Caused Direct Loss
Medical Group Not an Insured Under Affiliate’s Policies
Claim was Late Despite Continuity of Coverage
Third-Party Conduct Does Not Trigger the Fraud Exclusion
Breach of Contract Exclusion Renders Errors & Omissions Coverage Illusory
Court Interprets Wage & Hour Exclusion Under an EPLI Policy
California Insurance Code 533.5 Precludes Insurance Coverage for Unfair Competition or False Advertising Actions
Connecticut State Court Grants Motion to Strike Securities Act Claims
Securities Class Action Dismissed Against Social Media Company
Court Rejects Settlement in Cyber Case where Parties Lacked Standing

Cyber Corner

Contacts

Jacqueline A. Waters, Esq.
[email protected]
312.381.4563

Robbyn S. Reichman, Esq.
[email protected]
212.441.2309