Cambridge Forum on Securities Litigation
Miami, FL
Event summary
The 2023 Cambridge Forums Steering Committee was pleased to welcome a small group of up to 48 senior attorneys from top US law firms to a seminar-style securities litigation forum.
As part of the candid discussions at this annual meeting, the group examined the most pressing issues they face on behalf of their clients, learned how others address these problems and identified practical solutions that can work for them.
Featured agenda item
Tuesday, April 18, 2023 | 10:30 – 11:30 am EDT
Let’s Make a Deal: Relevant Issues and Considerations in Settlement and Insurance
Cooley partner Koji Fukumura was a discussion leader for this session.
The vast majority of securities fraud cases are resolved through settlement, as only a fairly small fraction are dismissed in their entirety or resolved via summary judgment or trial. Settlement typically requires us to carefully navigate between the various stakeholders in the dispute – including plaintiffs’ lawyers, clients, carriers and mediators – all of whom have unique motivations and goals. There also are myriad additional considerations, such as timing, mediator selection, relationship issues with our clients and carriers, and staying up to date with the legal developments in settlement and insurance. It is critical to balance all of these stakeholders and considerations to arrive at a resolution that is in the best interest of our clients.
Discussion topics included:
- Settlement strategies in class actions: What has worked and what hasn’t? When should settlement discussions be started? And what if there are related claims in litigations in different jurisdictions?
- Experiences with different plaintiffs’ firms.
- Considerations in picking a mediator.
- Settling when coverage is disputed.
- Recent developments in directors and officers insurance: Side A insurance and Caremark claims and “bump-up exclusions” (Onyx Pharmaceuticals Inc. v. Old Republic Insurance Co.).
- “Towers” of insurance considerations: How do you deal with multiple towers? And how do you deal with foreign towers and requests for written opinions?
For more information, please email Amanda Meier.
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