White Papers and Articles:

For former or future former directors, the right to advancement of defense is not as certain as one may think. Read about the Delaware Chancery Court's ruling in Schoon v. Troy to learn why.

An increased recognition of the potential financial impact of climate risks points to a change in the directors and officers liability landscape. Investors and activists have lobbied regulators to require or, at minimum, to more clearly describe how climate risks must be disclosed. Boards and risk managers must prepare for the eventuality of climate risk disclosure, and ensure that their directors and officers policies are fortified to meet developing disclosure paradigms.

The current economic crisis calls for a proactive assessment of the insurance marketplace and reasoned decision making. This includes careful evaluation of insurer stability and possible alternatives, requiring a sophisticated appreciation of the marketplace. The attached white paper, "Finding Serenity: Thoughtful Risk Management in Turbulent Times," identifies key issues that will help arm risk professionals for possible Board inquiries as the crisis continues to unfold.

In order to prevail in securities fraud cases, plaintiffs must successfully plead the element of "scienter," the intent or knowledge of malfeasance. But if a plaintiff cannot pinpoint a single individual's culpability, can he look to the collective knowledge of employees as a group? The Second Circuit Court addresses collective knowledge or "corporate scienter" in a recent decision.

Tip the balance of power away from insurer(s) and back into your hands as you weigh your options for collateral instruments. Also, learn the three most important collateral negotiation factors, so you can win the best terms possible. Your organization's operational flexibility may depend on it. Read more.

Though a number of recent Supreme Court decisions have been labeled "pro-business," the recent opinion in LaRue v. DeWolff, Boberg & Associates, Inc., is decidedly not so. Review the decision so that you can more carefully examine your company's benefit plans and fiduciary liability coverage. Click here to learn more.

Small delays can cost your company millions, especially when it comes to informing insurers about settlements. A case study of Bear Stearns emphasizes how critical it is to gain consent for settlement provisions in order to ensure excess layer insurance recoveries. Click here to learn more.

What's the state of the D&O market? Will the limited hardening market fully reverse the benefits of the soft market's pricing, terms and conditions? Read what Integro's D&O experts have to say about the current market and future trends.

Robert Ball, Principal, in Integro's Casualty Practice begins the Montrose discussion with "Part One: How Montrose Impacts Primary Programs and Coverage Triggers".