Overcoming Professional Liability Litigation for Directors & Officers

This 28-page Executive Report written for directors, officers, and attorneys features strategies for defending a professional liability case. From the initial fact-gathering meeting with the client to settlement or trial, this Executive Report highlights basic steps attorneys should take to protect their clients. With the significant impact of Sarbanes-Oxley and personal liability on the rise, top attorneys provide preventive measures to reduce exposure and personal liability risk for directors and officers. While every defense is customized for the client and structured on the unique facts in a case, common factors are presented for developing a strategy. The types of events that give rise to D&O cases are identified as well as the pros and cons of settling a case versus taking it to trial. Using examples from highly publicized cases involving public companies to illustrate what happens when basic principles are not applied, it is the importance of good management and common sense that is stressed.

Other topics include:

• jury selection
• insurance
• the discovery process
• damages and settlement negotiations
• alternative dispute resolution
• copycat cases
• timing of the trial process
• Sarbanes-Oxley compliance
• the effect of transparency of financial statements on shareholders
• class action shareholder suits
• indemnification
• Side A policies
• how to detect trouble signs

This Executive Report is written by:

• R. Nelson Franse, Director, Rodey, Dickason, Sloan, Akin & Rabb PA - Determining a Defense Strategy
• Jeffrey R. Witham, Partner, Dewey Ballantine LLP - The Process of Defense in a Liability Case
• Philip B. Toran, Esq., Chairman, Executive Committee; Director, Professional Liability Department, Marshall, Dennehey, Warner, Coleman & Goggin - D&O Cases
• Andrew Margulis, Partner & Director, New York Office, Ropers, Majeski, Kohn & Bentley LLP - Protecting Directors and Officers from Litigation
• James J. Corbelli, Partner, Nixon Peabody LLP - Steps for Loss Prevention