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A Perfect D&O Storm

Economic headwinds, individual accountability and disruptive change, like forces of nature, are converging in a way that could change the game for directors & officers (D&O) risk. In today’s...

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First Look: Inflated Risk From The New DOL Fiduciary Standard Conundrums

The key question facing today’s financial services firms is how to assess and mitigate risks from the Department of Labor’s (DOL) expanded definition of “investment advice fiduciary” under the Employee...

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First Half 2016 — Class actions are back . . . with a vengeance!

As predicted in my A Perfect D&O Storm (February 2016), this year has seen some rough seas — at least from a D&O liability perspective. Securities class action filing activity grew to more than...

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Decided: U.S. Securities Exchange Act Section10(b) applies to Sponsored Level...

In a January 4, 2017 decision, the Honorable Charles R. Breyer, U.S.D.J. denied defendants’ motion to dismiss claims under the U.S. Securities Exchange Act Section 10(b). The decision, held that...

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Disruptive change and animal spirits stoke D&O risk

After escalating D&O risk in 2016, buyers will be looking for a reprieve in 2017. They may be disappointed.

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DOL’s new rule is now in effect — wave of fiduciary litigation may follow

No more delays. The Department of Labor’s (DOL) new fiduciary rule goes into effect today. While the DOL is willing to provide temporary enforcement relief to fiduciaries diligently working on...

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