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January 2016

The Banking Law Journal 

By: David W. Moon, Stephen J. Newman

Recent decisions by the United States Courts of Appeals for the Fourth, Eleventh, and First Circuits have addressed important issues regarding the extent to which directors’ and officers’ conduct is insulated from liability under state “business judgment” rules and, in the case of a bank in receivership, whether directors’ and officers’ liability insurance is available to cover costs of defense and indemnification. The authors of this article discuss the decisions.

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