D&O Indemnification, Fee Advancement and Insurance After Yates Memo on Individual Accountability for Corporate Misconduct
Leveraging Provisions in Corporate Bylaws, D&O Agreements and Insurance Policies to Maximize Protection for Directors and Officers
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the impact of the Department of Justice’s (DOJ) Yates Memo for director and officer (D&O) indemnification, fee advancement provisions, and D&O insurance policies. The panel will provide guidance to corporate counsel for drafting and/or updating corporate bylaws and other governance documents, stand-alone agreements, and D&O insurance policies to ensure their provisions on indemnification and advancement of legal fees provide adequate protection to directors and officers in the event of a DOJ enforcement action.
Outline
- Yates Memo implications for D&O indemnification, advancement, insurance
- Best practices for drafting/updating governance documents, standalone agreements, insurance policies
Benefits
The panel will review these and other key issues:
- What concerns has the Yates Memo raised for corporate officers and directors as it relates to D&O indemnification, advancement and insurance?
- What are some best practices for drafting D&O indemnification and advancement provisions to ensure that adequate protections are in place for directors and officers?
- How do D&O indemnification provisions interplay with a typical D&O insurance policy in terms of the scope of protection that each provides?
Faculty
Michael J. (Mike) Biles
Partner
King & Spalding
Mr. Biles focuses his practice on securities litigation, representing public companies, officers, directors, and... | Read More
Mr. Biles focuses his practice on securities litigation, representing public companies, officers, directors, and securities underwriters in securities class actions and derivative lawsuits. He represents companies and company insiders in investigations and enforcement actions by the SEC and other securities regulatory agencies. He radvises companies and special committees concerning their fiduciary obligations in mergers and acquisitions, and other significant corporate transactions.
CloseScott P. DeVries
Partner
Winston & Strawn
Mr. DeVries represents clients facing insurance recovery issues. He also focuses his practice on class and mass torts,... | Read More
Mr. DeVries represents clients facing insurance recovery issues. He also focuses his practice on class and mass torts, product liability, and complex civil litigation. He is experienced handling complex litigation for companies faced with major insurance, environmental, and toxic tort litigation. His insurance practice covers the gamut of insurance issues, including coverage for major property damage and business interruption losses, advertising-related liabilities, errors and omissions claims, director and officer claims, product liability claims, employment liability, fiduciary liability such as ERISA, False Claims Act liabilities, theft and other criminal-related claims, environmental and mass tort matters, and personal injury claims such as right to privacy and false imprisonment.
CloseRandy K. Jones
Member
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Jones specializes in representing public and private companies of all sizes and high-profile individuals in... | Read More
Mr. Jones specializes in representing public and private companies of all sizes and high-profile individuals in state and federal investigations, and handling high-stakes litigation matters requiring top-caliber trial counsel. Prior to joining his firm, he served in the Department of Justice as an Assistant US Attorney for more than 28 years. He has tried federal cases before juries involving white-collar fraud schemes, financial crimes, complex criminal conspiracy cases, immigration and violent crime matters.
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