Expect An Expert Episode 6: Excessive Fee Litigation

In this episode of Expect an Expert, Henderson Brothers’ in-house counsel, Peter Horne, answers 4 questions about excessive fee litigation and its impact on insurance. An excessive fee lawsuit is when participants in a retirement plan allege that the plan sponsor (or other entities or individuals) breached their fiduciary duties by making the participants pay … Continued

Does Insurance Coverage Respond to Disputes Involving Voluntary Compliance Programs?

A recent decision from the Sixth Circuit reveals how exclusions in your D&O policy might negatively impact your compliance activities. In the case of Barber v. Arch Insurance Company, 2021 U.S. App. LEXIS 20368 (6th Cir. July 7, 2021) (“Barber”), the court determined a coal company’s D&O policy would not supply coverage, because the company’s … Continued