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Unlike any other professional group or stratum, directors and officers are answerable to parties above, below, and outside their organizations and potential liabilities are numerous and complex. In this volatile environment, insurers, companies, boards of directors and their members, and corporate and nonprofit executives turn regularly to Thompson Coe to handle their director and officer (D&O) liability defense, and to counsel them through the perils and opportunities of the future.

Comprising leading trial lawyers and commercial litigators with an exceptional breadth of knowledge, talent, and experience, our team successfully represents directors and officers in high-value disputes in both federal and state courts, and acts as trusted counsel providing timely and proactive advice on the full spectrum of risk-avoidance issues and emerging concerns relevant to directors and officers in a variety of industries.

Our D&O clients include both public and private companies, nonprofit entities, governmental divisions, investment trusts, limited and general partnerships, and homeowner’s associations. One of the areas in which our team is particularly adept is financial services, where companies and officials face civil and administrative litigation brought under federal and state banking, consumer, and securities laws and regulations.

We bring not only extensive experience litigating claims involving these rules and statutes, but also a thorough understanding of the individualized concerns and nuanced needs of public as well as privately held financial institutions.


Director and Officer (D&O) Liability Defense

Our D&O defense attorneys are ready to:

  • Advise on litigation and regulatory risk
  • Conduct internal investigations, and provide training to avoid pitfalls that can lead to litigation and regulatory action
  • Conduct pre-suit investigations and pre-trial settlement negotiations
  • Defend against regulatory investigations and enforcement by state and federal agencies
  • Litigate or arbitrate any dispute that cannot be resolved through negotiation or mediation in cases involving single-plaintiffs or class actions, as well as derivative actions
  • Provide guidance on compliance with the evolving data privacy requirements of companies and their officials in various industries
  • Resolve complex, high-exposure commercial and fraud-based disputes on behalf of businesses and their executives and board members

Defense Strategies

While our goal is to avoid litigation whenever possible, our attorneys prepare comprehensive, business-minded strategies to defend against any claims that plaintiffs or agencies do bring against our clients. We employ creative and results-oriented pre-suit negotiations and pre-answer motions to resolve disputes at the earliest possible stage.

Experienced in navigating the complexities of conflicting interests of named defendants under the same insurance policy, and familiar from the outset with each client’s business operations and environment, we are also able to counsel senior executives on the legal and business dimensions of every possible defense strategy. This approach is based on regular communication and meaningful collaboration with each client, allowing us to work together to tailor and achieve cost-effective and efficient resolutions of all D&O disputes at every step along the way.

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