Bank D&O Liability: FDIC Litigation Update
Leveraging Developments in Standards of Liability, Statute of Limitations and Adverse Domination, Discovery, Insurance Coverage, and ESI
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss current litigation issues in FDIC vs. D&O cases, including insurance coverage issues under D&O policies, as well as the standard of liability for officers and directors, the statute of limitations and adverse domination, discovery, and ESI.
Outline
- Overview of current FDIC litigation against directors and officers
- Standards of liability for directors and officers
- Statute of limitations and adverse domination
- Discovery and ESI
- Insurance coverage issues under D&O policies
Benefits
The panel will review these and other key questions:
- What are the applicable theories of liability against officers and directors and what are their best defenses?
- How is the statute of limitations applied and when does the Federal Deposit Insurance Corporation apply the doctrine of adverse domination to revive otherwise expired state law claims?
- How have courts ruled on the scope of discovery?
- What are the trends in D&O coverage that apply to Federal Deposit Insurance Corporation litigation and regulatory enforcement actions?
- How are insurance carriers interpreting coverage provisions for Federal Deposit Insurance Corporation-initiated litigation and civil penalties by regulatory agencies?
Faculty
Mary C. Gill
Partner
Alston & Bird
With over 30 years of experience in securities litigation, financial services litigation and complex... | Read More
With over 30 years of experience in securities litigation, financial services litigation and complex transaction-related litigation, Ms. Gill has been lead counsel in cases nationwide. She is highly experienced in representing companies and financial institutions and their officers and directors in investigations and enforcement actions by the SEC, OCC, FDIC and other regulatory agencies.
CloseKirsten C. Jackson, Esq.
Kasowitz Benson Torres & Friedman
Ms. Jackson works on behalf of companies to recover insurance assets. She assists in obtaining millions of... | Read More
Ms. Jackson works on behalf of companies to recover insurance assets. She assists in obtaining millions of dollars in insurance coverage for clients under CGL, professional liability, D&O liability, E&O, and life insurance. Ms. Jackson is experienced in all stages of litigation and non-adversarial dealings with insurers, including coverage analysis and advising, claims correspondence, mediations, pleadings, written discovery, document production, depositions, motion practice, trial preparation, and settlement.
CloseSteven C. Morrison
Counsel, Professional Liability/Financial Crimes Group
FDIC
With 25 years experience as a trial attorney and 34 jury trials of complex civil and criminal matters as lead counsel... | Read More
With 25 years experience as a trial attorney and 34 jury trials of complex civil and criminal matters as lead counsel in cases nationwide, Mr. Morrison joined the FDIC as Counsel in the Professional Liability & Financial Crimes Unit in 2009. He is responsible for the professional liability investigations in failed banks with total assets of $12 billion in the Southeast US from North Carolina to Puerto Rico.
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