One significant aspect to the growth in executives and managers of defendants also being sued in employment cases is plaintiff’s counsel’s objective to invoke the By-Law indemnity provisions under which such executives are protected by the Company. If the level of proof or the indicia of liability are such as to non-suit the corporate defendant but to hold the individual liable, then the Company provides the deep pocket anyway, at least in cases where the indemnity reaches to the level of the individual in the enterprise.

What the reporter means to say is that only sneaky, evil and unreasonable defendants would characterize this new trend as “striking fear” into the executives. Righteous plaintiff’s attorneys are simply boldly and creatively finding new ways to achieve justice. It is an important difference.