• SPACs’ Structural Conflicts, Shareholder Litigation, and Judicial Review 6 diciembre, 2021
    The “economic structure” of SPACs creates an ‘inherent conflict” between the SPAC sponsor and the SPAC’s public shareholders, according to a new paper from two leading law professors.  The conflict arises from the SPAC sponsor’s financial interest in completing a merger even if the merger is not value-creating, which may conflict with the shareholders’ interest... […]
  • D&O Insurance: Delaware Court Applied “Meaningful Linkage” Interrelated Claims Test 5 diciembre, 2021
    In a November 30, 2021 opinion (here), a Delaware Superior Court judge, applying Delaware law, held that the later investigations of the insured policyholder by two regulatory agencies were unrelated to an earlier investigation of the company by one of the agencies. In making this “relatedness” determination, the court declined to apply the “fundamentally identical”... […]
  • Sunday Arts: Albert and the Whale 4 diciembre, 2021
    In 1520, the nearly-50-year-old German artist Albrecht Dürer travelled to the Low Countries. The Holy Roman Emperor Maximillian I had just died, and his grandson Charles V was about to be crowed in Aachen as his successor. Dürer, both fleeing plague in his hometown of Nuremberg and seeking to confirm with the new emperor the... […]
  • Guest Post: PE Investment in Healthcare and Impact to Managed Care Organization D&O 2 diciembre, 2021
    In the following guest post, Sarah Abrams, Head of PL Claims at Bowhead Specialty Underwriters, takes a look at the D&O insurance underwriting and claims implications of private equity investment in managed care organizations. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I... […]
  • Guest Post: D&O Risks and Challenges for Pharmaceutical Companies and their Insurers 1 diciembre, 2021
    Companies in the pharmaceutical industry are frequent targets of securities class action lawsuits. In the following guest post, Tony Kriesel, Claims Specialist with IQUW; Elan Kandel, a Member of the Bailey Cavalieri law firm; and James Talbert, an Associate at Bailey Cavalieri, take a look at the reasons for the pharmaceutical industry’s high securities litigation... […]
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