Del. Supreme Court: Fraudulent Transfer Claim Not a “Securities Claim”

Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.

The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest

A president and a justice: The shaping of securities law at the Supreme Court

A president and a justice: The shaping of securities law at the Supreme Court

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So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task — interpreting federal statutes — remains markedly underrepresented. Of course, it can be hard to craft a sustained narrative about those cases when many deal with relatively obscure statutes that the court rarely examines … Read the rest