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The D&O training hub/Master Class D&O USA Securities Exposure with Kevin LaCroix
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  • €100

Master Class D&O USA Securities Exposure with Kevin LaCroix

  • Course
  • 25 Lessons

This master class is aimed to D&O insurance practitioners who want to learn, refresh or clarify the key aspects of liability exposure of Directors and Officers from securities transactions in the USA. This is a practical oriented class where you will learn from world renewed expert Kevin LaCroix author of the D&O Diary.
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Contents

D&O USA Securities Exposure Class Presentation

Module 1: The Context for U.S. Securities Litigation Exposure

In this lesson you will learn why in general the USA is one of the most litigious countries in the world, and in particular with respect to securities litigations. The topics that will be covered are:
  • Cultural Sources
  • Historical Sources
  • Procedural Sources
  • Circumstantial Sources
Video Module 1: The Context of USA Securities Litigation
Slides Module 1: The context of US Securities Litigation Exposure

Module 2: The Foundational U.S. Securities Laws

In this section you will learn about the different pieces of legislation that regulate securities liability in the USA. The topics that will be covered are:
  • The Securities Act of 1933 (“The ‘33 Act”)
  • The Securities Exchange Act of 1934 (“The ‘34 Act”)
  • State Securities Laws (“Blue Sky” Laws)
  • Common Law Fraud Liability (State Law)
Video Module 2: The Foundational US Securities laws
Slides Module 2: The Foundational US Securities Laws

Module 3: Elements of a Securities 33 Act Section 11 Claim

In this section you will learn what are the main elements needed to argue D&O liability in the case of a Section 11 Claim under the Securities 33 Act.
Video Module 3: Elements of a Securities 33 Act Section 11 Claim
Slides Module 3: Elements of a Securities Act 33 Section 11 Claim

Module 4: Elements of a Securities 34 Act Section 10(b)/Rule 10b-5 Claim

In this section you will learn what are the main elements needed to argue D&O liability in the case of a Section 10(b)/Rule 10b-5 Claim under the Securities 34 Act.
Video Module 4: Elements of a Securities 34 Act Section 10(b)/Rule 10b-5 Claim
Video Module 4: What is Scienter?
Slides Module 4

Module 5: Securities claims examples

In this module you will be exposed to two claims examples where you will apply the concepts learned on the two previous modules. 
1) Example of Sec 33 Act Section 11 claim: First High-School Education Group Co. Ltd. (S.D.N.Y., May 11, 2022)
2) Example of Sec 34 Act Section 11 claim: 
Amazon.Com, Inc. (W.D. Wash., July 6, 2022)
Video Module 5: Example of section 11 securities claims
Video Module 5: Example of Section 10(b)/Rule 10b-5 Claim
Slide Module 5: Securities claims examples

Module 6: Private Securities Litigation Reform Act of 1995 (“PSLRA”)

In this module you will learn what where the reasons that motivated the Private Securities Litigation Reform Act of 1995, and what were the main changes introduced by it.
Video Module 6: Private Securities Litigation Reform Act of 1995 (“PSLRA”)
Slides Module 6: Private Securities Litigation Reform Act of 1995 (PSLRA)

Module 7: Motions to Dismiss in Securities Litigation

In this module you will learn the main aspects of a USA securities claim motion to dismiss stage.
Video Module 7: Importance of Motions to Dismiss in Securities Litigation
Slides Module 7: Importance of Motions to Dismiss in Securities Litigation

Module 8: Settlement of Class Action Lawsuits

In this module  you will learn why and how do USA securities claims usually settle as well as how the amount of damages is calculated. 
Video Module 8: Settlement of class action lawsuits
Video Module 8: Some Important Settlement Considerations
Video Module 8: Securities Class Action Damage calculations
Slides Module 8: Settlements

Module 9: SEC Enforcement Actions and Department of Justice Criminal Prosecutions

In this module you will learn what are the most typical type of SEC enforcement actions and department of justice criminal prosecutions
Video Module 9: SEC Enforcement Actions and Department of Justice Criminal Prosecutions
Slides Module 9

Module 10: USA D&O securities exposure trends

In this module you will learn what are some of the main litigation trends to be expected in the future.
Video Module 10: USA D&O securities exposure trends
Slides Module 10