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Alternative Market Briefing

New York lawyers expect uptick in D&O and R&W insurance claims

Tuesday, February 02, 2021

amb
Ken Frenchman
B. G., Opalesque Geneva:

Ken Frenchman, managing partner at law firm Cohen Ziffer Frenchman & McKenna, explains why he expects a surge in D&O (directors and officers) claims and R&W (representations and warranties) disputes.

Cohen Ziffer Frenchman & McKenna, founded by Robin Cohen, opened their doors in early January with over 20 lawyers and staff in New York. Most of the team comes from McKool Smith, where Robin Cohen and her partners recently led a wave of litigation over the trillion-plus-dollar question of whether insurers must cover business interruption losses due to COVID-19.

D&O insurance policies offer liability cover for company managers to protect them from claims which may arise from the decisions and actions taken within the scope of their regular duties. As such, D&O insurance has become a regular part of companies' risk management.

As President Biden is making changes at the Securities and Exchange Commission, observers anticipate an uptick in liability for directors and officers, and, in turn, an increase in D&O claims.

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