Kevin F. Brady and Francis G.X. Pileggi were part of a panel presentation entitled: “Protecting the Corporate Director” at the American Bar Association’s Business Law Section Spring Meeting at Caesars Palace in Las Vegas last month. The focus of the panel was on director and officer liability, as well as indemnification and advancement, including insurance coverage issues from D&O insurance. Other panel members included Ann Longmore, Esquire, Executive Vice President, D&O Liability Product Leader, Willis FINEX Practice; and James D. Wing of Holland & Knight. The moderator was Carol Hansell of Davies Ward Phillips & Vineberg LLP in Toronto. Kevin and Francis covered some of the recent Delaware cases involving D&O Liability, as well as advancement and indemnification.
The cases that we addressed include the following, of which five were decisions from the Delaware Court of Chancery in the first three months of 2012 that dealt with advancement and indemnification. All of the below cases were highlighted on these pages . ———-
Fuhlendorf v. Isilon Sys., 2011 Del. Ch. LEXIS 102 (Del. Ch. July 22, 2011).
Dweck v. Nasser, 2012 Del. Ch. LEXIS 7 (Del. Ch. Jan. 18, 2012).
Auriga Capital Corp. v. Gatz Props., LLC, 2012 Del. Ch. LEXIS 19 (Del. Ch. Jan. 27, 2012), subsequent transcript ruling on fees, Auriga Capital Corp. v. Gatz Props., LLC, C.A. No. 4390-CS (Del. Ch. Feb. 23, 2012) (Transcript).
Hermelin v. K-V Pharm. Co., 2012 Del. Ch. LEXIS 23 (Del. Ch. Feb. 7, 2012).
Lola Cars Int’l Ltd. v. Krohn Racing, LLC, 2012 Del. Ch. LEXIS 44 (Del. Ch. Feb. 29, 2012).
Danenberg v. Fitracks, Inc., 2012 Del. Ch. LEXIS 53 (Del. Ch. Mar. 5, 2012).