Director and Officer Litigation and Employment Matters
OP regularly represents clients in litigations brought against the companies in which they serve or have served as directors and officers. These cases usually involve securities claims, breaches of fiduciary duty, and claims of fraud and malfeasance. The claims almost always involve and require resolution of our clients’ questions of insurance coverage for attorneys’ fees and defense costs, and issues of indemnification under applicable law, a company’s governing documents, our clients’ employment agreements, and applicable insurance policies. OP is skilled at navigating issues concerning conflicts of interest, questions of attorney-client and common interest privileges, and cooperation agreements among aligned parties. If required, OP works cooperatively with counsel for similarly situated or aligned parties to provide the most favorable outcome, including dismissal of all claims.
OP also is called upon to resolve employment-related disputes between our executive clients and the companies for which they are or were employed. Often these disputes include ownership and equity positions held by our clients in these companies.