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

Conducted on Thursday, October 9, 2014

Recorded event now available

or call 1-800-926-7926

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.


With a total of 516 bank failures since 2008, the Federal Deposit Insurance Corporation has authorized suits in connection with 145 failed institutions against 1,171 individuals for D&O liability as of July 2014. Filings in 2013 represented a little more than a 50% increase over 2012.

The current Federal Deposit Insurance Corporation lawsuits include 97 filed against directors and officers and others that have settled and one jury verdict in the Federal Deposit Insurance Corporation's favor. Additional suits will continue to be authorized and filed this year.

Our panel will discuss current litigation and  issues in Federal Deposit Insurance Corporation vs. D&O cases.

During the past year, courts have issued key rulings on the standard of liability for officers and directors, the statute of limitations and adverse domination, discovery and ESI, D&O insurance coverage, and much more.

Listen as our authoritative panel of practitioners analyzes key litigation developments in FDIC vs. D&O cases, including D&O insurance coverage issues, standards of liability, the statute of limitations and adverse domination, discovery, and ESI.



  1. Overview of current FDIC litigation against directors and officers
  2. Standards of liability for directors and officers
  3. Statute of limitations and adverse domination
  4. Discovery and ESI
  5. Insurance coverage issues under D&O policies


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?



Mary C. Gill
Mary C. Gill

Alston & Bird

With over 30 years of experience in securities litigation, financial services litigation and complex...  |  Read More

Kirsten C. Jackson, Esq.
Kirsten 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

Steven C. Morrison
Steven C. Morrison
Counsel, Professional Liability/Financial Crimes Group

With 25 years experience as a trial attorney and 34 jury trials of complex civil and criminal matters as lead counsel...  |  Read More

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