Articles & Updates - Priya Cherian Huskins

M&A deals have small issues, big issues...and “landmine” issues: issues that can seem small but, if mishandled, can end up being significant. Regardless of whether your company is seeking to merge with another company or is looking to acquire or be acquired, here are several key insurance risk management factors worth considering prior to the drafting of a merger agreement.

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Public companies routinely purchase directors and officers (“D&O”) liability insurance, and regard the purchase as part of the cost of being a public company. But does a private company need D&O insurance?

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Woodruff-Sawyer & Co. is pleased to present the latest information concerning securities litigation filed against public companies in the United States. The information below comes from the D&O Databox as of June 30, 2011. The D&O Databox tracks securities class action litigation filed against public company issuers and their directors and officers. Settlement figures include amounts paid by issuers, their directors and officers, and insurance carriers. Settlement figures exclude amounts paid in settlement by third party defendants.

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One consequence of the global, interconnected nature of the economic markets is that plenty of non-U.S. companies list their shares on U.S. Exchanges. For most foreign filers, listing in the U.S. is entirely unproblematic. However, there has been some interesting news in the U.S. securities class action lawsuit arena that involves directors of foreign-based companies.

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Is the Dodd-Frank Act (“Dodd-Frank”), signed into law on July 21, 2010, potentially a game-changer when it comes to the exposure of officers and directors of public companies to litigation? Yes. And unfortunately for directors and officers and the companies they serve, the scope of insurance coverage afforded by director and officer (“D&O”) liability insurance policies can be problematic.

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