Business Law
Business Law News 2017, Issue 3
Content
- Bln Editorial Board: Message from the Editor
- Bristol-Myers Squibb Co. v. Superior Court of California for the County of San Francisco: U.S. Supreme Court Rejects California's "Sliding Scale" Test for Asserting Specific Jurisdiction over Non-Residents' Claims
- Bruce Alan Mann Receives Business Law Section's Lifetime Achievement Award
- Business Law News Editorial Team
- Does Arbitration Make Sense for Franchisors? a Litigator's Perspective
- Executive Committee: Message from the Chair
- Executive Committee of the Business Law Section 2016-2017
- Standing Committee Officers of the Business Law Section 2016-2017
- Table of Contents
- "Tantrums" Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech
- The False Claims Act
- Bankruptcy and the "Insured vs. Insured" Exclusion in Directors and Officers Liability Insurance Policies
Bankruptcy and the "Insured vs. Insured" Exclusion in Directors and Officers Liability Insurance Policies
Feliciano M. Ferrer and Kavita Gupta1
Feliciano M. Ferrer is a partner in Gupta Ferrer LLP. Mr. Ferrer specializes in civil and commercial litigation in the bankruptcy, federal, and state courts. He also has significant experience representing clients in all aspects of restructuring matters, including debtors, trustees, and individual commercial creditors.
Kavita Gupta is a partner is Gupta Ferrer LLP. Ms. Gupta’s practice focuses on representing a variety of debtors and creditors in all phases of complex distressed financial situations, including out-of-court workouts and Chapter 11 cases. Ms. Gupta has served as a trustee in numerous corporate and individual cases.
In 2016, 26% of private companies reported that claims had been filed against their directors and officers within the last three years and that the average and maximum reported resulting losses for such claims were $387,000 and $17 million, respectively.2 Therefore, given the potential of such claims, an attorney advising a company experiencing financial difficulties may wish to review its D&O liability insurance policy ("D&O Policy") and understand the issues that may arise under that policy if the company files a bankruptcy case.