The D&O Report is a periodic publication distributed to brokers and other interested parties as a service by ACE Bermuda. Its purpose is to address insurance concerns worldwide and present timely information on current developments in liability issues surrounding directors and officers.
The editor of The D&O Report is Dan A. Bailey, a lawyer at Bailey Cavalieri LLC. in Columbus, Ohio, USA and 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 D&O Report without professional guidance.
Issue No. 75 - January 2012
The Relationship between Excess Follow Form and Excess Side A Policies: An Important Marriage Issue No. 74 - October 2011
Increased Importance of Corporate Compliance: A Director’s Perspective
Issue No. 73 - February 2011
Interlocking Directorates: A Sleeping Bear Awakens? Issue No. 72 - November 2009
Peas in a Pod Issue No. 71 - July 2009
Issue No. 70 - March 2009
Executive Compensation: Time For A Reality Check Issue No. 69 (i) - November 2008
Securities Class Action Opt-Out Claims: A Growing Problem Issue No. 69 (ii) - November 2008
Enterprise Risk Management: An Important Strategic Discipline 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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