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

  • Is A Federal Privacy Law Coming in 2020?


Jacqueline A. Waters, Esq.

Robbyn S. Reichman, Esq.

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