• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Bankruptcy
  • schedule 90 minutes

D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11, D&O Insurance Coverage

$297.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE course will provide insight and analysis on the types of claims that may entitle directors and officers to indemnity protection and how their indemnity claims are treated in and affected by a company's bankruptcy. The panel will also discuss the effect of bankruptcy on D&O insurance coverage and the issues considered in determining who is entitled to proceeds from the D&O insurance policy in a Chapter 11 proceeding.

Description

A company's bankruptcy filing often places its directors and officers in a vulnerable position. While the company may find instant relief from litigation, its directors and officers remain exposed to being sued individually or collectively.

Whether directors and officers are entitled to indemnity protection will often depend on the indemnity claim's nature and the underlying claims against them. Does the indemnification obligation arise under state law or in the company's formation documents? Are they alleged to have committed fraud or negligence? A shareholder derivative action will be viewed differently from allegations of misappropriation of trade secrets.

Increasingly, officers and directors have to litigate the enforceability of bankruptcy exclusions, which purport to deny coverage for claims brought by the debtor, trustees, and others. Even if they are entitled to indemnity protection, the directors and officers' claims may be subordinated under Section 502 or 510 of the Bankruptcy Code. And when they turn to the company's D&O insurance policy, directors and officers will likely need to seek a bankruptcy court determination of whether the proceeds of that policy belong to the estate or the individuals themselves.

Listen as our authoritative panel discusses the sources of director and officer indemnity claims and treatment of those claims in bankruptcy. The panel will also discuss coverages that should be included in any company's D&O insurance policy, and how best to pursue collection under the D&O policy in a Chapter 11 proceeding.

Presented By

Austin Alexander
Counsel
Thompson Hine

Mr. Alexander, a managing associate in the firm’s Business Restructuring, Creditors’ Rights & Bankruptcy practice, focuses on bankruptcy matters, including representing creditors in insolvency proceedings. His experience includes representing community banks, real estate developers and utility companies in bankruptcy and other collection-related matters.

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Evan M. Lazerowitz
Counsel
Robinson & Cole LLP

Mr. Lazerowitz's practice focuses on Chapter 11 bankruptcy cases, with a particular emphasis on the technology, mass tort, life sciences, healthcare, and retail sectors. His practice has included representations of creditors’ committees, debtors, distressed asset purchasers, landlords, individual creditors, and secured lenders in Chapter 11 cases. Mr. Lazerowitz also has significant experience handling bankruptcy appeals, investigating and pursuing fraudulent transfers and other causes of action for the benefit of bankruptcy estates, and litigating cutting-edge intellectual property issues that arise in distressed situations.

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Dana R. Quick
Partner
Best Amron

Ms. Quick practices in the area of insolvency and commercial litigation. Her experience includes prosecuting director and officer liability claims; representing trustees, creditors, creditor committees, and debtors in bankruptcy proceedings; state court insolvency litigation; and prosecuting and defending preference actions. Additionally, Ms. Quick has significant experience representing and counseling companies of all sizes on employment issues, including ADA, FMLA, and Title VII matters.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, May 28, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Nature of indemnity claim 

A. Source: state law, contract, formation documents

B. Scope: exception for criminal conduct, gross negligence with willful misconduct

C. Types of claims: shareholder action, discrimination, trade secret misappropriation

II. Who is liable and for what 

A. Directors and officers

B. Company

C. Insurance policy

III. Treatment of claims in bankruptcy 

A. Subordination (Bankruptcy Code Sections 502 or 510)

B. Allowed unsecured claims

C. Other

IV. Recent cases

The panel will review these and other key issues:

  • Are bankruptcy exclusions in D&O policies enforceable?
  • When is a director or officer entitled to indemnification for third-party claims?
  • How are those indemnity obligations impacted by the bankruptcy of the company?
  • What are the coverages to include in the D&O insurance policy? What endorsements may ensure that directors and officers remain covered after a bankruptcy?
  • How does a Chapter 11 proceeding impact insurance coverage and distribution of proceeds?