In a sign of the times, Kevin LaCroix at D & O Diary published an October 12, 2016 post titled: “Book Review: An Updated Global Guide to Directors’ Liability and Indemnification.” I mention it here simply to point out the messages implicit in the existence of the book, and a knowledgeable commentator spending the time to review the book. Among other things, consider the implicit messages about the global litigation environment and insurance policies that can be triggered. Then, bear in mind the fact that availability of insurance in the US was a powerful factor in the rise of the litigation industry in the US, a point traced and explained by Stephen C. Yeazell in an influential article: Refinancing Civil Litigation, 51 DePaul Law Review 183 (2001). Putting the two points together, one can see the implications for the continued growth of the global litigation industry.
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