Executive and Professional Liability
Peter M. Gillon
Geoffrey J. Greeves
Joseph D. Jean
Robert L. Wallan
Pillsbury’s Insurance Recovery & Advisory team assists clients in obtaining coverage for lawsuits against directors and officers, including shareholder class action lawsuits. Our attorneys have experience litigating and negotiating settlement of D&O coverage disputes. In bankruptcy, where D&O insurance proceeds are highly coveted by both the estate and the directors and officers of the company, we offer experience and insight enabling the preservation and realization of this important asset.
In addition to D&O, we also assist policyholders in obtaining coverage for errors and omissions (E&O), fidelity, and fiduciary liability policies.
Our experience includes:
- Represented an energy company in a first-of-its-kind workout and restructuring of $2 billion of Directors and Officers and Fiduciary insurance to respond to a multi-billion dollar class action, and ultimately settled litigation within policy limits.
- Represented Duke Energy in a D&O coverage dispute in connection with the bankruptcy of Crescent Resources, with a multi-billion dollar class action related to its merger with Progress Energy and the termination of Progress’s CEO shortly after, and with derivative claims arising from the Dan River coal ash release.
- Represented Fluidmaster in seeking D&O coverage in connection with a class action litigation.
- Represented Houston American Energy Corp. in seeking D&O coverage in connection with securities class actions and derivative actions.
- Represented Bazaarvoice in overcoming coverage objections from its D&O insurers, and was able to successfully resolve an antitrust derivative claim solely with insurer payments.
- Represented Hanover Insurance in its dispute with CNA Insurance under a D&O and fiduciary policy for ERISA whipsaw class action.
- Represented Delek in recovering losses incurred in cyber attacks and credit card information thefts at hundreds of MAPCO service stations under fidelity policy.
- Represented Murray Energy in pursuing coverage for D&O claims arising from the Utah coal mine collapse.
- Represented Neustar in an insurance dispute involving selection of defense counsel. Successfully secured AIG approval of a non-panel firm as securities defense counsel, and assisted in securing carrier settlement funds.
- Represented a health information services provider in prosecuting D&O coverage arising from an antitrust lawsuit.
- Represented Laureate Education on D&O coverage claims arising out of a shareholder lawsuit, and claims arising from fraud issues in Chile and Spain.
- Represented an educational institution in connection with class actions brought by students at Univ. of St. Augustine for alleged misrepresentations relating to accreditation, post-graduate placement, and other matters.
- Represented several Chinese companies on D&O claims arising from securities class actions.
- Represented major paper manufacturer in suit by the carrier to rescind the D&O policy based on allegation of potential fraud.
- Negotiated resolution of coverage claims under a D&O policy for costs of responding to a subpoena issued against an executive officer of the National Basketball Players Association, and of subsequent litigation initiated by a former executive against the union.
- Negotiated resolution of coverage under D&O policy for multi-million dollar loss incurred by a manufacturing client in putative nationwide class litigation involving alleged fraud and conspiracy.
- Negotiated resolution of D&O claim on behalf of a life sciences company sued in litigation involving allegations of improper pricing practices.
- Represented one of the world’s largest pharmaceutical companies for its insurance needs, including property, D&O insurance coverage for securities, derivative, fiduciary, ERISA, products liability, and environmental claims; secured tens of millions of dollars in reimbursements for the client’s significant defense costs related to these claims.
- Represented an IT service provider in connection with tail and other D&O coverage for claims against former directors and officers of acquired company and related indemnification issues.
- Negotiated resolution of disputed coverage claims on behalf of executives of a bankrupt media company.