D&Os: Are They Really Covered?
The John Liner Review of Advanced Risk Management Strategies
May 1, 2010
James Wing- Miami
Litigation Partner James Wing authored an article titled "Ds&Os: Are They Really Covered?" in The John Liner Review of Advanced Risk Management Strategies.
Evolving Department of Justice charging standards have produced a regulatory environment in which responsible corporations almost never get indicted. Instead, the increasingly complex criminal legal risks attendant to doing business now fall squarely on the officers, directors, and in-house counsel of companies. Generally, these individuals believe that the companies they serve will pay their legal costs should they require legal counsel for any claim made against them that is connected to their service. They assume that their right to obtain such counsel at the expense of the company or an insurer arises as soon as they require separate counsel. Should the case have any potential criminal overtones, they believe they can access these funds without having to relinquish their most critical legal protections. Recent arbitral and court decisions show that these understandings are incorrect. This article explains the problem and suggests a remedial approach. To read the full article, please click on the link below.
READ: D&Os: Are They Really Covered?
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