Recent Publications - Directors & Officers Liability


Why Out-of-State Businesses Should Take Note of California’s Privacy Law
March 12, 2019 | Privacy, Data & Cyber Law

The California Consumer Privacy Act (CCPA), which passed in 2018 and goes into effect January 1, 2020, is intended to provide some of the most rigorous privacy protections to California residents but is not limited in application to California companies.

What entities fall under the CCPA?

The CCPA applies to ”businesses” that are for-profit entities

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2nd Circuit Finds Hostile Work Environment Claims Can Be Brought under the ADA
March 11, 2019 | Employment & Labor

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims.

In the case

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FTC Issues Guidance for Responding to a Data Breach
November 10, 2016 | Privacy, Data & Cyber Law | Professional Liability | Directors & Officers Liability

The Federal Trade Commission recently issued a new guidance for businesses on responding to a data breach. The guidance, which is also available in video format on the FTC’s website here, sets forth the concrete steps that any business should take in the event that personal information has been hacked, stolen, or inadvertently exposed.

The

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Ruling Upholds Law Firm’s In-House Counsel Attorney-Client Privilege
August 12, 2016 | Professional Liability | Compliance, Investigations & White Collar | Directors & Officers Liability

In a hotly contested issue of first impression, the Appellate Division, First Department, has joined a multitude of jurisdictions and has ruled that attorneys who seek the advice of their own law firm’s in-house counsel on their ethical obligations in representing a current client of the firm may invoke the attorney-client privilege to resist subsequent

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Fyman co-authors article for ABA’s Tort Trial & Insurance Practice Law Journal
April 5, 2016 | Professional Liability | Directors & Officers Liability

Avigael Fyman, a member of the Directors & Officers and Professional Liability Practice Groups, was a contributor to Recent Developments Affecting Professionals’, Directors’, and Officers’ Liability, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal.

Click here to read the Article.

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Notice-Prejudice Requirements In D&O Policies: Diverse Trends In Contract Language and Case Law
February 17, 2016 | Directors & Officers Liability

One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a

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Notice-Prejudice Requirements in D&O Policies: Diverse Trends in Contract Language and Case Law
November 23, 2015

One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a

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When a Client Dies, the Attorney Must Protect the Interests of the Client’s Estate
June 30, 2015

Russo v. Rozenholc, 2015 N.Y. App. DIV LEXIS 5885, 2015 NY Slip Op 06029 (N.Y. App. Div. July 9, 2015)

While New York law generally requires privity between a client and attorney in order to assert a claim for legal malpractice, in Schneider v. Finmann, 15 N.Y.3d 306, 907 N.Y.S.2d 119 (2010), the New York

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Cautionary Tale for Directors and Officers of Not-For-Profit Organizations
April 21, 2015

Official Committee of Unsecured Creditors, on behalf of the Estate of Lemington Home for the Aged v. Baldwin, No, 13-2707, 3d Cir., January 26, 2015

In an Opinion on appeal of a jury verdict in the Western District of Pennsylvania, the Third Circuit has affirmed that verdict ruling that the employed Chief Financial Officer (“CFO”)

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When Products Liability Begets Directors and Officers Liability
March 31, 2015 | Directors & Officers Liability

Joseph Monteleone, a partner in the firm’s Directors & Officers Liability Practice Group, has published an article entitled, “When Products Liability Begets Directors and Officers Liability,” in the Spring 2015 issue of New Jersey Defense. 

Please click the link below to view the Article. Adobe Reader is required to view the bulletin. If Adobe Reader is

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