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Such violations can necessitate restatements of the company's financial statements.
A number of D&O insurers now offer "Side A only" or "Side A DIC" (difference-in-conditions) D&O policies, with a dedicated limit of liability covering directors and officers when indemnification and standard D&O insurance may be unavailable to them.
However, Side A D&O coverage is not a financial guarantee or a panacea, and there are significant coverage issues that are triggered by stock option backdating claims.
Policy Exclusions The stock options backdating lawsuits typically raise a number of potentially applicable coverage issues.
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Interestingly, companies involved in options backdating do not make easy targets for securities class actions because there usually has not been a significant stock decline after public disclosure of the backdating, and thus no basis for class-wide damages.
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