The law doesn’t demand that you get things right, only that you tried; the recent dismissal of a derivative lawsuit against SolarWinds Corporation illustrates this perfectly. The cyber catastrophe that was SolarWinds in 2020...more
It’s a banner year for Delaware corporations when it comes to protecting their directors and officers. Earlier this year, the Delaware legislature took steps that will allow captives to become a more viable alternative to...more
Many companies rely on capital raises to grow their business and bring products and services to market—but there are times that economic and financial market conditions make it difficult for companies to secure needed...more
Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more
As the litigation environment for directors and officers gets more intense, in-house lawyers are asking the question: Do I need malpractice insurance? It’s a good question. If needed, the type of insurance in-house counsel...more
2/23/2022
/ Attorney Malpractice ,
Corporate Counsel ,
D&O Insurance ,
Defense Strategies ,
Indemnification ,
Labor Code ,
Malpractice Insurance ,
Professional Liability ,
Professional Responsibility ,
Risk Management ,
Rules of Professional Conduct
Big News. On January 27, 2022, the Delaware Legislature passed legislation designed to make captive insurance a viable alternative to traditional D&O insurance. This new development should mean that, over time, the cost of...more