The Critical Issue of Private Company D&O Insurance Coverage for Competition Law Claims

One potential area of potential legal exposure facing corporate executives – including even executives of private companies – is the risk of liability under laws designed to protect competition, including (but definitely not limited to) state and federal antitrust laws. Claims asserting liability under these various legal provisions not only represent a significant liability exposure for corporate executives, but they also present a number of potentially significant issues when it comes to questions of coverage under the typical private company D&O insurance policy. As discussed below, a recent paper discussed a number of these issues; I discuss additional issues below, as well.   Background In their paper entitled “Optimizing Antitrust Coverage in Private Company D&O Policies” (here), Lorie Masters and Amanda Wait of the Hunton Andrews Kurth law firm and Sarah Downey of Marsh discuss the complex issues that private companies’…

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