Current Issue

Subscriber only, premium content. Monday, August 29

Executive risks: New landmark federal regulation and creative plaintiffs' lawyers bring new corporate threats

Directors and officers of publicly owned firms face significant increases in liability exposures in their jobs and when serving on corporate boards.

  1. Identify & Analyze

    Why D&O risks present greater concern

  2. Evaluate & Implement

    Guidance from court filings, regulatory actions

  3. Monitor & Adjust

    How companies can avoid D&O litigation

Insider trading, “opt-out” litigation, Libor-related lawsuits and Federal Deposit Insurance Corp.-initiated actions are among the “hot-button” litigation and regulatory issues on the horizon for corporations, say experts surveying the directors and officers liability coverage landscape. ›› More

Firms that announce a merger or acquisition almost always find a headache to go along with it: lawsuits by shareholders of the acquired company seeking more information or claiming the price is too low. ›› More

Observers say the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act's whistle-blower provisions are particularly problematic for firms. ›› More

The U.S. Securities and Exchange Commission said Monday it is beginning administrative proceedings charging the Chinese affiliates of five major accounting firms with violating the Securities Exchange Act and the Sarbanes-Oxley Act for refusing to produce documents related to China-based companies under investigation by the agency for potential fraud against U.S. investors. ›› More

As dozens of lawsuits alleging banks manipulated a key lending rate emerge, many experts expect a wave of additional litigation against directors and officers, as well as errors and omissions claims. ›› More

Class action securities fraud litigation is waning. Mary-Pat Cormier and Greg Pendleton of law firm Edwards Wildman Palmer L.L.P. discuss new public company litigation trends and urge directors, officers, and their insurers to heed the changing rules of the road. ›› More

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FDIC Lawsuits

This December 2012 Cornerstone Research report details why the pace of FDIC lawsuit filings increased in the year's last quarter.

Even with all its regulations not yet implemented, the complex 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act poses significant challenges for companies. ›› More

Wal-Mart Stores Inc. has expanded its investigation of violations of the U.S. Foreign Corrupt Practices Act in Mexico to Brazil, China and India, the retailer revealed Thursday in a filing with the U.S. Securities and Exchange Commission. ›› More

A federal judge has dismissed a purported class action lawsuit brought by investors that claimed an investment group had engaged in fraud, stating they had been well warned of the risks involved. ›› More

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Still waiting for Dodd-Frank regulations

This U.S. Government Accountability Office report states that just 48% of the rules called by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 have been issued as of December.

Most, but not all, merger objection litigation is settled, say observers. These cases tend to be settled “because people want peace,” said Steve Shappell, Denver-based managing director of Aon Risk Solutions' financial services group. ›› More

There is little that firms can do to avoid merger objection lawsuits, although they may be able to minimize their impact. ›› More

Expanded investigations into Wal-Mart Stores Inc.'s potential violations of the U.S. Foreign Corrupt Practices Act could result in significant fines and penalties for the retailer as well as more shareholder litigation. ›› More

While Facebook Inc.'s well-publicized problems with its initial public offering are in many ways unique, companies should take heed of some lessons from the company's experience, say observers. ›› More

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U.S. Securities and Exchange Commission Annual Report on the Dodd-Frank Whistleblower Program

This report discusses the activities of the SEC’s Office of the Whistleblower and analyzes the tips brought to the SEC’s attention, including by allegation type and geographic location.