In the wake of the Sarbanes-Oxley Act, and recent heightened public scrutiny of boards and senior management, there are new challenges facing directors and officers, whether a private, public or not-for-profit enterprise is involved.  With the greater scrutiny comes increased litigation risk, and company management and directors must turn to law firms with demonstrated experience with these risks.  Wilson Elser has that experience.

Wilson Elser's directors and officers practice team is experienced with all aspects of D&O and corporate exposure.  We have a national presence in this area of practice, ranging from litigation defense to insurance coverage and bankruptcy issues.  Our attorneys have long represented the world's leading D&O insurers as special counsel, advising them on coverage, defense of complex litigation, and resolution strategies.  With its national litigation team, including a dedicated bankruptcy group, Wilson Elser brings resources to D&O exposures that combine broad legal experience with unique sensitivity to litigation management concerns. 

We recognize the disruption a company faces when senior management is targeted in litigation, as well as the concomitant public relations concerns.  Our experience permits our D&O team to promptly evaluate strategic and cost issues and to defend or resolve disputes in a cost-effective and expeditious manner.

Our D&O team's capabilities in specific areas include antitrust, creditor "deepening insolvency," securities, employment issues, concerns of financial institutions, franchise disputes and intellectual property.  Other areas in which our attorneys are seasoned practitioners include commercial disputes, shareholder derivative actions, insurance coverage, False Claims Act matters and government regulatory actions.

With wide-ranging capabilities and depth of experience, Wilson Elser is positioned to advise key players in the corporate and insurance worlds.  Attorneys on the D&O team are regularly called upon to monitor complex litigation; coordinate joint defense efforts; provide defense and compliance guidance; and analyze liability, damages and coverage.  Here are some examples of our work in these areas:

• Monitoring and direct defense of complex litigation on behalf of the world's leading insurers, including securities and employment class actions, antitrust, and bankruptcy-related claims for public and private companies.
  
  
• Working closely with underwriters to draft policy language and endorsements that avoid ambiguity and minimize the risk of coverage challenges.  The firm's attorneys regularly act as coverage counsel, advising primary and excess insurers.
  
  
• Coordinating joint defense efforts and aggressively pursuing contribution from other insurance policies potentially applicable to antitrust cases, securities class actions, or other complex matters where defendant D&Os are in need of separate counsel and professional liability claims are also at issue.
  
  
• Analyzing liability, damages and coverage in directors and officers cases involving all kinds of financial institutions.  We have represented insurers, banks, mortgage lenders, securities issuers, insurance agents and brokers, broker-dealers and others, which gives us a comprehensive perspective and unique insight in these matters.