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Robert D. EmmersonDeFur Voran, LLP, Fishers, IN
Linda FisherArthur J. Gallagher & Co.

Committees: D&O/Trustee E&O

D&O/Trustee E&O

Committee Chair


 
                                                                                                                   

 

Sharon Fry, Esq.

Peabody & Arnold, LLP
600 Atlantic Avenue
Boston, MA  02210
617-951-4755
sfry@peabodyarnold.com


Overview of the Committee’s Focus:

Errors and omissions claims made against corporate directors and officers, labeled by some as "managerial malpractice,” affect for-profit businesses, non-profit corporations, and charitable organizations from the largest industrial firms to the smallest condominium boards. Economic conditions may generate these claims; the aggressiveness with which these claims are brought before more informed and sympathetic jury panels requires equally aggressive defense responses.

"D&O” claims may be asserted, for example, in situations involving:

• Shareholder Derivative Actions

• Employment Discrimination Claims

• Securities Class Actions

• Accounting Result Outcomes

• Due Diligence Controversies

• Financial Condition Representations

• Managerial Competence Criticism

• Minority Shareholder Disputes

• Conflict of Interest Disputes

• Trade Secrets Appropriation

• Investment Decision-making

Breach of the director’s or officer’s common law standard of care proof may be alleged by claimant counsel along with breach of fiduciary duty claims and breach of statutory duty claims when things go wrong in corporate governance. The Managerial/Trustee E&O Claims Committee of the Professional Liability Defense Federation™ works on issues important to this defense constituency. The work may include review of substantive law defenses to these claims, as well as procedural rule and trial advocacy strategies such as e-discovery management, juror animus dilution, use of trial graphics to clarify advocacy, and similar subjects.

Fiduciary duty breach claims are also brought against trustees, personal representatives, conservators,  and other individuals and entities who manage the affairs of others.  

Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning. 

 

 

Group Feed
Thomas D. Jensen posted a new entry in the Corporate Governance Claims blog in the group Committees: Directors/Officers Claims.
Posted Wednesday, October 11, 2017
Erin K. Higgins joined the group Committees: Directors/Officers Claims.
Posted Monday, October 9, 2017
Thomas D. Jensen posted a new entry in the Corporate Governance Claims blog in the group Committees: Directors/Officers Claims.
Posted Thursday, September 7, 2017
Thomas D. Jensen posted a new entry in the Corporate Governance Claims blog in the group Committees: Directors/Officers Claims.
Posted Thursday, August 24, 2017
Jennifer K. Saunders joined the group Committees: Directors/Officers Claims.
Posted Thursday, July 20, 2017
 More »

Recently Updated Profiles
Thomas D. Jensen, Glen R. Olson, Nancy M. Reimer, Gary Kessler, Ari Baruth

 

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