D&O Insurance | The FCPA Blog

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Posts Tagged: D&O Insurance

Using captive insurance alternatives to protect companies and their directors and officers for FCPA-related exposure

Daniel Chefitz and Sergio Oehninger June 22, 2021

Increased regulatory enforcement exposure continues to present directors and officers (D&O) insurance challenges for corporate policyholders. Policies that cover the costly expenses incurred in connection with regulatory investigations, liability payments, and resulting securities litigation are becoming increasingly more difficult and expensive to obtain.… Continue Reading

At Large: Has the ‘mother of all corporate risks’ finally arrived?

Richard L. Cassin June 25, 2020

The market for directors and officers liability insurance has been out of kilter since the start of the year, with more demand than supply. Now, the D&O market is nearly frozen, and companies are scrambling to adequately insure those serving on their boards or as part of management.… Continue Reading

D&O Liability Insurance: Hazards for the CCO

Janaya Moscony and Julie DiMauro July 10, 2019

Legal claims are regularly brought against corporate officials through a wide variety of angles, including, for example, allegations of breach of fiduciary duty and willful disregard of regulatory imperatives, or for a range of statutory violations premised in financial crimes, like bribery or insider trading.… Continue Reading

These D&O exclusions can kill your FCPA coverage

Evan Bundschuh January 10, 2019

We addressed how D&O policy definitions can differ — expanding or limiting coverage for FCPA enforcement — in my previous post.

Even when policy definitions appear favorable however, policy exclusions can quickly eradicate coverage.… Continue Reading

Will your D&O policy respond to FCPA enforcement?

Evan Bundschuh January 8, 2019

The extent to which a D&O policy will respond to an FCPA claim can vary considerably depending on the specifics of the action, stage of the action, and the policy’s terms, definitions and exclusions.… Continue Reading

Evan Bundschuh: What every FCPA and AML consultant should know about E&O insurance

Evan Bundschuh March 19, 2018

When consulting services are related to the FCPA, AML, ATF or KYC compliance, the potential for litigation is amplified. And while many compliance consultants purchase professional liability (errors & omissions) insurance, securing a properly structured policy is challenging.… Continue Reading

Oehninger and Fehling: A Primer on Insurance Coverage for FCPA Claims and Investigations

Sergio F. Oehninger and Geoffrey B. Fehling August 2, 2017

Historically, targets of FCPA investigations have assumed that any FCPA-related losses were not covered by insurance, but in recent years the landscape has changed.

Given the staggering liability exposure that arises from FCPA investigations and any subsequent civil litigation — not to mention the significant legal fees and costs incurred in responding to such claims — companies purchasing directors and officers (D&O) and corporate liability coverages should review the entire insurance program in view of their potential FCPA exposure.… Continue Reading

Practice notes: Insurance coverage for FIFA-related kickback investigations

Sergio Oehninger and Walter Andrews July 7, 2015

Bribes of $40,000 stuffed in envelopes, a flight to Europe solely to retrieve a briefcase full of cash, and a $10 million payoff to secure votes for choosing the World Cup host country are among the allegations in the recent indictment against FIFA representatives and related business associates.… Continue Reading

Alistair Craig: Does your D&O insurance really cover a bribery investigation?

Alistair Craig June 8, 2015

The potential difficulties facing executives and former executives embroiled in bribery investigations and criminal proceedings were recently demonstrated in a recent decision of the Supreme Court of Victoria – Court of Appeal in Note Printing Australia Ltd v Leckenby.… Continue Reading