Directors & Officers Liability Coverage

Our litigators have broad experience in defending directors and officers in private and regulatory litigation, including the in-house and regulator perspectives

Our interdisciplinary team includes the following

• Former in-house counsel for publicly traded companies
• Former Department of Justice lawyers
• Litigators experienced in defending directors and officers in “merger litigation” and other securities litigation, including class actions
• Litigators experienced in defending regulatory lawsuits and inquires brought by the Securities and Exchange Commission, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and other state and federal regulatory agencies

Our clients range from directors and officers on local non-profit boards to those serving on the boards and in the executive offices of regional and national corporations 

Our team of litigators tailors the representation of each client to that client’s needs.  Our D&O litigators have defended clients in the following industries

• Banking
• Technology Start-Ups
• Insurance
• Hotel and Tourism
• Financial Services
• Construction
• Manufacturing
• Higher Education
• Oil and Gas
• Pharmaceutical
• Healthcare
• Telecommunications
• Government Contracts
• Real Estate

Nelson Mullins' D&O Litigation Team has the experience to address the litigation challenges that today's boards and executives face 

Our D&O litigators have experience in advising boards and executives in litigation risk-reduction strategies.  In addition, these litigators are seasoned in mediating, negotiating, and efficiently resolving matters before they get to trial or arbitration.  Finally, our D&O litigators are trial lawyers who try cases and arbitrate matters in a variety of fora on a regular basis. 

Our D&O litigators are business-minded professionals who solve problems and provide guidance so clients can make efficient and informed decisions 

• Public relations strategy – including timing, media approach, and content
• Internal and external communications plans – with your board of directors, customers, and regulatory and law enforcement
• Preventive measures – to help avert litigation before it arises
• Litigation defense – through discovery, settlement negotiations, alternative dispute resolution, and—when necessary—trial and appeal
• Time-sensitive internal investigations
• Opposing expert strategies – including investigating and examining opposing experts
• Witness depositions – preparing witnesses for and defending depositions of corporate, executive, director, and managerial witnesses and conducting depositions of adverse and non-party witnesses
• Joint defense strategies – providing strategic guidance to clients and co-counsel in joint defense
• Litigation plans and budgets – providing strategic litigation plans and budgets  to help  "right size" the defense of matters
• Litigation preparedness – guiding on measures to help ensure you are ready for litigation

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Serve as panel counsel for a leading D&O insurance carrier in multiple states
• Successfully resolved multiple “merger cases” on behalf of both targeting and acquiring boards and their officers and committees
• Successfully resolved securities class action matters and related regulatory inquiries/investigations on behalf of public companies, their boards, and their officers
• Successfully negotiated positive consent orders or other resolutions with state and federal securities regulators for individuals
• Counsel higher education institutions on D&O litigation strategy and risk-reduction practices
• Defend homeowner’s association (HOA) boards in time-share litigation