Going Public: A D&O Discussion

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The risk to companies and their directors and officers intensifies significantly with an IPO. To effectively manage the risk of selling shares to the public, one must understand how liability arises, as does the potential magnitude of exposure.  The purpose of this paper is to explain the basis of liability for a public company, discuss the D&O marketplace with respect to IPO exposures, and set forth what you can expect from us as your broker in the process. In particular, we will explore the following areas: 

  • Duties of directors and officers 
  • Federal securities legislation and case law 
  • D&O claim trends 
  • Protecting directors and officers 
  • What to expect in D&O negotiations 
  • Underwriting considerations 
  • Determining appropriate limits 
  • Conceptual timeline — D&O placement
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