Aleynikov V. Goldman Sachs Provides Valuable D&O Insight

Law360, New York (December 16, 2013, 1:29 PM EST) -- On Oct. 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co. Inc. (GSCo), and therefore eligible for advancement of legal fees and expenses for his ongoing defense in a New York state criminal case, even though the criminal action concerned the theft of confidential GSCo property.

The decision provides an interesting lesson in the differences between indemnification and...
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