Directors & Officers Litigation

Directors & Officers Litigation

CMW represents clients who face claims of corporate director and officer liability in lawsuits initiated by shareholders, as well as by third parties. Our lawyers work with primary and excess insurers on a wide variety of claims involving directors and officers of public and private companies, as well as similar kinds of fiduciary liability litigation. We also represent insurers in coverage litigation and arbitration arising under these types of insurance policies.

A business of any size can be targeted by litigants over the management of company affairs. We often represent small business executives who have discovered that their general liability or umbrella business insurance policies will not cover claims involving directors and officers.

Directors and officers can often avoid personal liability for corporate decisions made in the exercise of reasonable business judgment. We counsel clients on risk-avoidance measures in this regard. Our firm handles cases such as the following:  

  • Breach of fiduciary duty: Directors and officers may be sued by their own businesses or individual shareholders for allegedly breaching their fiduciary duties due to conflicts of interest, violations of their duty of loyalty or violations of their duty of care. 
  • Claims directed at the business: Directors and officers are often named in lawsuits in which allegations are being made against their companies. Often, they are not proper parties, and we have been able to have the personal claims against them dismissed. 
  • Failure to train and supervise: Directors and officers may also be named in lawsuits alleging that they have personal liability for the misconduct of their businesses’ due to their claimed failure to establish and enforce appropriate policies and procedures.