indemnification provisions
-
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing this interpretative statement to provide guidance regarding the applicability of the confidentiality and indemnification provisions set forth in new section 21(d) of the Commodity Exchange Act (``CEA'') added by section 728 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The Commission requests comment on all aspects of the proposed interpretative statement. The proposed interpretative statement clarifies that the provisions of section 21(d) should not operate to inhibit or prevent foreign regulatory authorities from accessing data in which they have an independent and sufficient regulatory interest, even if that data also has been reported pursuant to the CEA and Co...
-
Robert E. Rudnick is a Director at Gibbons P.C., Newark NJ.
Andrew M. Grodin is an Associate at Gibbons P.C., Newark, NJ.
Sales agreements and lic...
-
-
Robert E. Rudnick is a Director at Gibbons P.C., Newark NJ.
Andrew M. Grodin is an Associate at Gibbons P.C., Newark, NJ.
Sales agreements and l...
-
Recent decisions of the Delaware courts raise important issues
for directors of Delaware corporations concerning their
indemnification rights.1
In ...
-
CIVIL - Trial court erred when it held Appellant's complaint, founded on the indemnification provisions of a release of all claims executed by Appellee, failed to state a claim upon which relief could be granted.
-
Recent decisions of the Delaware courts raise important issues for directors of Delaware corporations concerning their indemnification rights.1
In S...
-
An infectious greed" has caused the recent breakdown of "corporate governance checks and balances," according to Federal Reserve Chairman Alan Greensp...
-
In July 2008, bankruptcy courts across the US prepared themselves for a busy season. As many as 5,664 companies sought to liquidate or restructure that month alone, a 57% increase from the prior year. This Note looks behind the shield of D&O insurance and examines its treatment under the Bankruptcy Code. Part I provides an overview of the duties of directors and officers of a corporation, as well as the protections they receive under the business judgment rule and indemnification contracts. Part II explains the three different "sides" of D&O insurance policies. Part III discusses basic bankruptcy concepts including directors' and officers' duties in bankruptcy, automatic stay, and property of the estate provisions of the Code, as well as the treatment of contracts in bankruptcy....
-
Reviewing the insurance provisions of contracts is not what all producers would consider as being part of their service portfolio for insureds. In other cases, particularly with regard to the construction business, many contractors may get the opportunity to sign the entire contract but are denied the right to review insurance policies to determine how coverage may compare with contractual requirements. Producer/consultants need to keep their guard up when dealing with contracts because the attorneys or others who draft contracts do not always understand the insurance nuances. Many developers and general contractors have long relied on the construction contract provisions of the American Institute of Architects (AIA) as their model. While this is not the forum in which to discuss the di...
... on with regard to contractual indemnification and insurance provisions is referred to as General...