Defend Your Company, Defend Yourself: Private Litigation and Government Investigations

Litigation risks facing directors, officers, and corporations are inevitable and increasingly complex. The Securities and Exchange Commission (SEC) and Department of Justice (DOJ) have stated their intention to pursue, punish, and deter the individuals who are responsible for corporate misconduct, and both agencies are increasingly focused on cooperation and self-reporting from target companies. Although private securities class action filings declined again in 2022, the plaintiffs’ bar continues to develop new legal theories and causes of action designed to maximize corporate and individual director liability. And the SEC’s ambitious rulemaking agenda may lead to more filings in the future when the final rules are adopted. What can you do to make your company—and yourself—more defensible from lawsuits? How should you navigate the complexities and challenges of government investigations? What protections are available through risk transfer instruments like indemnification agreements and D&O insurance, and under what conditions do these risk-transfer mechanisms fail? This panel will explore a series of cutting-edge litigation issues that can threaten corporations, directors, and senior executives, with an emphasis on practical strategies for minimizing and insuring against these risks and responding to an investigation or litigation if the challenge arises.