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10/3/2018 » 10/5/2018
2018 Annual Meeting and CLE/CEU Presentation

Featured Members
Kenneth M. Labbate Esq.Mound Cotten Wollan & Greengrass, New York, NY
Bradley C. NahrstadtLipe Lyons Murphy Nahrstadt & Pontikis, Chicago, Illinois

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

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 D&O Claims Blog blog in the group Committees: D&O/Trustee E&O.
Posted Saturday, June 9, 2018
Sharon Fry posted a new entry in the D&O Claims Blog blog in the group Committees: D&O/Trustee E&O.
Posted Monday, March 26, 2018
Samuel Weisgarber Esq. joined the group Committees: D&O/Trustee E&O.
Posted Thursday, February 8, 2018
Sharon Fry joined the group Committees: D&O/Trustee E&O.
Posted Monday, January 22, 2018
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
 More »

Recently Updated Profiles
Sharon Fry, Glen R. Olson, Scott Neckers, Childs McCune, Stephen P. Dees, Timothy Soefje

Upcoming Events
2018 Annual Meeting and CLE/CEU Presentation
Wednesday, October 3, 2018


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