Expertise
Securities Act of 1933
Securities Exchange of 1934
SEC Rule 10b-5
SEC Rule 144 (Safe Harbor)
SEC Rule 10b-18
Sarbanes-Oxley Act of 2002 (SOX)
Enron
Worldcom
15 U.S. Code Sec. 78u-5 (safe harbor for forward looking statements)
Private Securities Litigation Reform Act of 1995 (PSLRA)
SuperCom Securities Litigation
In Re Lumisys
UCC Art. 3 (release of security)
Delaware Business Judgement Rule (BJR)
DGCL Section 141(a)
Duty of Care
Duty of Loyalty
Not-For-Profit Corporation Law (NY) Section 701 “Board of Directors”
Insurance
Professional Liability Insurance
Management Liability Insurance
Directors & Officers Liability Insurance
D&O Insurance
Errors & Ommissions (E&O)
Malpractice Insurance
Insured v Insured
Intentional Act
“Bump Up”
ERISA
Mediation
ADR
(For search purposes, not intended to be a comprehensive list)
Expertise
Securities Act of 1933
Securities Exchange of 1934
SEC Rule 10b-5
SEC Rule 144 (Safe Harbor)
SEC Rule 10b-18
Sarbanes-Oxley Act of 2002 (SOX)
Enron
Worldcom
15 U.S. Code Sec. 78u-5 (safe harbor for forward looking statements)
Private Securities Litigation Reform Act of 1995 (PSLRA)
SuperCom Securities Litigation
In Re Lumisys
UCC Art. 3 (release of security)
Delaware Business Judgement Rule (BJR)
DGCL Section 141(a)
Duty of Care
Duty of Loyalty
Not-For-Profit Corporation Law (NY) Section 701 “Board of Directors”
Insurance
Professional Liability Insurance
Management Liability Insurance
Directors & Officers Liability Insurance
D&O Insurance
Errors & Ommissions (E&O)
Malpractice Insurance
Insured v Insured
Intentional Act
“Bump Up”
ERISA
Mediation
ADR
(For search purposes, not intended to be a comprehensive list)
Willie Borst is an attorney and career insurance professional with experience in both commercial and personal insurance lines. Since leaving law firm practice in 2003 he has specialized in Director & Officer and other professional lines which focus primarily on public company D&O exposure to securities claims under the Securities Act of 1933 (for IPO’s) and the Securities Exchange Act (for after-market exposure). In addition, at AIG he handled mid cap, hi-tech and non-profit exposures to class actions and regulators under common law and statutory breach of loyalty and breach of fiduciary duty statutes. He has appeared in arbitrations, mediations and trials on behalf of AIG and XL Reinsurance and is responsible for 50 or more negotiated settlements and two defense awards. He has testified at deposition and at trial. Additionally, he performed claims audits of major US and Canadian carriers (eg, Hartford, Chubb, AIG and Continental Casualty, ENCON) for in force and run-off exposures. In addition to securities litigation and corporate fraud, he should qualify as an expert in claims handling, exposure evaluation, coverage analysis and loss mitigation/ commutation.
Curriculum Vitae
SER Voting Member
