If you read our blog piece about whether ERISA preemption is available as a defense to criminal charges brought against companies that provide group health plan coverage for equal reproductive rights, you know that there is a risk of state criminal prosecution against company executives for aiding and abetting state abortion bans. Most corporate bylaws and executive indemnification agreements require companies to indemnify executives for acts they take on behalf of their corporations. But does indemnity extend to acts the corporate officer knows or has reason to believe is criminal? Companies considering modifying their group health insurance plans to provide for equal reproductive access might also consider examining corporate bylaws and indemnity agreements to understand when the CSuite is -- and isn't -- financially accountable for these claims.
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