“The ACE Report” is periodically published by the ACE Group of Companies to address insurance concerns worldwide and present timely information on current developments in liability issues surrounding directors and officers. Dan A. Bailey, a lawyer at Arter & Hadden in Columbus, Ohio, edits The ACE Report. He is also a respected voice in the complex area of directors & officers liability.
Although prepared by professionals, this publication should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained in The ACE Report without professional guidance.
Issue No. 68 (i) - May 2008
The U.S. Supreme Court’s Decision in LaRue: ERISA Litigation and Insurance Implications Issue No. 68 (ii) - May 2008
Discovery of Internal Investigation Information Issues No. 67 - February 2008
Side A Policy Enhancements: Has Coverage Gone Too Far? Issue No. 66 - November 2007
Global Warming – Are D&Os In The Hot Seat? Issues No. 65 (ii) - July 2007
Investigation Costs: What Is Covered Under A D&O Policy? Issue No. 65 (i) - July 2007
The U.S. Supreme Court Decision in Tellabs: Major Victory or Minor Benefit for Defendants in Securities Class Actions? Issue No. 64 - April 2007
Issues No. 63 (ii) - January 2007
Issue No. 63 (i) - January 2007
Issue 62 - September 2006
Why Are There Fewer Securities Suits? / Structuring Side A Programs: Traps for the Unwary Issue 61 - June 2006
Global D&O Developments: Exporting US Law Issue No. 60 - March 2006
Mergers & Acquisitions: A Minefield for Directors Issue No. 59 - November 2005
Derivative Suits: Recent Developments Issue No. 58 - July 2005
D&O Policy Terms: Know What to Ask For Issue No. 57 - May 2005
Dura Pharmaceuticals: Linking Fraud and Damages Issue No. 53 - April 2004
Indemnification: Forgotten D&O Protection Issue No. 52 - January 2004
Emerging State Law D&O Exposures Issue No. 51 - October 2003
The Evolving Terms of D&O Coverage Issue No. 50 - July 2003
ERISA Tagalong Class Actions: A New Frontier for D&O Liability Issue No. 49 - April 2003
Directors in the Hot Seat: Is it Time to Quit? Issue No. 48 - December 2002
D&O Application Issues Issue No. 47 - September 2002
The SARBANES-OXLEY Act Of 2002: How Should Directors and Officers Respond? Issue No. 46 - July 2002
D&O Alternative Risk Financing Issue No. 45 - April 2002
Return to Basics: D&O Lessons from Recent Claims Issue No. 44 - January 2002
Emergency Preparedness: D&O Lessons From September 11 Issue No. 43 - October 2001
IPO Laddering Claims: D&O Insurance Implications Issue No. 42 - July 2001
Size of D&O Settlements Exploding Issue No. 41 - April 2001
Creative New Insurance Products: LMU, Rep & Warranty and Contingent Tax Insurance Issue No. 40 - January 2001
Benefits of Side-A Only D&O Coverage; New Insider Trading Rules Issue No. 38 - July 2000
Stock Options and Cash Balance Pension Plans: Liability Exposures from Employee Cost Containment Issue No. 37 - April 2000
Help Wanted: Wil Anyone Serve on Audit Committees; Patent Infringment: New D&O Opportunity and Concern Issue No. 36 - January 2000
Emergence of Institutional Investors as Plaintiffs; Entity Coverage and Bankruptcy: A Dangerous Combination Issue No. 35 - October 1999
Securities Litigation Reform: The Growing Importance of; Observer Directors Issue No. 34 - July 1999
Insuring Uninsurable Punitive Damages Issue No. 33 - January 1999
Canadian D&O Securities Claims Issue No. 32 - October 1998
Year 2000 D&O Exposures: The Noose Tightens Issue No. 31 - July 1998
Sexual Harassment Liability Issue No. 30 - April 1998
Restated Financial Statements; Update to Securities Litigation Reform Issue No. 28 - October 1997
Growing Gaps in Indemnification; Serving the Public Just Got Safer...Or Did It? Issue No. 27 - July 1997
Year 2000 Problem: D&O Issues -- Claims, Responses & Insurance Issue No. 26 - April 1997
Mergers & Acquisitions: D&O Exposures and Liabilities — Acquiring & Target Company; Executive Compensation Issue No. 25 - January 1997
Practices Insurance — Insureds, Claim, Wrongful Act, Loss, Defense, Exclusions, Retention, Notice, Other Insurance Issue No. 24 - October 1996
California Proposition 211: Counter — Attack by the Securities Plaintiff Bar Issue No. 23 - July 1996
D&O Marketplace Offers Smorgasbord of Options: Allocation, Entity Coverage Exclusions, Retention, Pollution, Discovery Period, Misc., Conclusions Issue No. 22 - April 1996
The ERISA Fiduciary Liability Giant; Need for an Umbrella in the Sexual Harassment Storm; Securities Litigation Reform Issue No. 21 - January 1996
Securities Litigation Reform; Reduce Abusive Litigation, Proportionate Liability, Forward–Looking Statement, Dismissal of Meritless Claims, Damages Issue No. 20 - October 1995
Underwriting Responses to Allocation; Arbitration of Coverage Disputes: Q&A Issue No. 19 - July 1995
Allocation and Securities Litigation Reform: Are Insureds Really Winning?; D&O Insurance Changes at ACE Issue No. 18 - April 1995
Director & Officer Indemnification: Statutes; Internal Provisions; Need for D&O Insurance; Conclusions Issue No. 17 - January 1995
Lawyers–Directors: An Endangered Species; Creative Forms of D&O Insurance Issue No. 16 - October 1994
D&O Insurance Allocation: Comparison of Allocation Endorsements Issue No. 15 - July 1994
Understanding & Reducing Risks from Financial Derivatives: Risks; Risk Management Practices; Conclusions Issue No. 14 - April 1994
Canadian Class Action Lawsuits; Paramount: Have the Rules Changed?; New York Derivative Suit Legislation Issue No. 13 - January 1994
Financial Institution D&Os: The Liability Debate Continues; ACE acquires CODA; Allocation; Beware of Securities Analysts & Reporters Issue No. 12 - October 1993
Employment Practices Insurance: Traditional Products, Employment Practices Policies, Derivative Settlements Issue No. 11 - July 1993
The Illusory Delaware Director Liability Limitation Statute; Securities Litigation Loss Prevention; U.S. Supreme Court Recognizes Contribution Claim Issue No. 7 — July 1992 Yet Another Corporate Dilemma; Defense Cost Management; British & Australian D&O Proposals; Update: Fiduciary Duties to Creditors Issue No. 10 - April 1993
"Paper" Settlements: Too Good to be True?; Forms of...; Securities Law Issues; D&O Insurance Coverage Issues Issue No. 9 - January 1993
Who's the Boss?; Securities Class Action Suits; Financial Institution D&O's Issue No. 8 - October 1992
New Product Announcement — Executive Compensation Insurance; Proposed D&O Tort Reform; Bank of the West Issue No. 7 - July 1992
Yet Another Corporate Dilemma; Defense Cost Management; British & Australian D&O Proposals; Update: Fiduciary Duties to Creditors Issue No. 6 - April 1992
Outside Position Liability and Indemnification Issue No. 5 - January 1992
Bank D&O Legislation; Subliminal Message; Director Duties to Limited Partners; Canadian Employment Law Enacted; Liability to Utility Ratepayers Issue No. 4 - October 1991
Update: $100 Million Verdict Reversed; D&O Spousal Liability; D&O Fiduciary Duties to Creditors; Regulatory Exclusion Issue No. 3 - July 1991
D&O Exposures for Environmental Damage; High Cost of Product Hyping; New Time Limit for Rule 10B–5 Claims Issue No. 2 - April 1991
D&O Takeover Exposure–European Style; D&O Protective Legislation; "Baby Rico" Statute; Adequate D&O Insurance Issue No. 1 - January 1991
Securities Law Claims Against Bank D&Os; New Limitations on Bank D&Os; Resolving Allocation
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