News & Analysis as of June 5, 2025

Cybersecurity › D&O Insurance

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Misinformation as a Material Risk: Governance, Response, and Insurance Considerations

Woodruff Sawyer on 5/8/2025

The spread of misinformation goes beyond public relations and poses a real risk to business operations. Whether it's inaccurate information shared on social media, mischaracterizations in mainstream news or podcasts, or...more

Hodl or Fold? The Insurance and Liability Minefield of Bitcoin for Business

Bradley Arant Boult Cummings LLP on 3/10/2025

Cryptocurrency isn’t just for tech startups and X (formerly Twitter) enthusiasts anymore. Mainstream corporations are increasingly forced to consider Bitcoin—the undisputed “king” of crypto—and other investments into digital...more

AI and Insurance: Bridging Innovation and Risk

Woodruff Sawyer on 2/14/2025

As AI technologies like ChatGPT and other generative AI tools have gained prominence, our clients have started raising questions about their insurance coverage. Among the most frequently asked are: These questions highlight...more

The SEC’s Cybersecurity Incident, Governance, and Management Reporting Requirements: What you Need to Know to Avoid Cyber and D&O...

McGuireWoods LLP on 1/14/2025

The SEC public company cyber disclosure rule raises issues that companies should consider in reviewing existing insurance coverage and in assessing overall risk....more

Recent Developments for Directors - November 2024

Latham & Watkins LLP on 11/13/2024

SEC Penalizes Director for Misleading D&O Questionnaire Response - The SEC recently brought an enforcement action against a director for causing violations of the proxy rules by failing to disclose a close personal...more

Securities Litigation + Enforcement Highlights From Q2 + Q3 2024

Cooley LLP on 11/8/2024

Cooley’s securities litigation + enforcement group continued to share key insights on key cases and developments in securities litigation throughout the spring and summer. They highlighted important decisions in Delaware...more

Guide to D&O Insurance for IPO and Direct Listing Companies, 2025 Edition

Woodruff Sawyer on 10/23/2024

Even though there was an uptick in IPO activity in 2024, many companies have taken a wait-and-see approach and deferred their public debuts to next year. Still, going public in 2025 will come with challenges, such as...more

[Webinar] D&O Insurance Trends: Looking Ahead to 2025 - September 17th, 10:00 am - 11:00 am PT

Woodruff Sawyer on 8/6/2024

The streak of good news in D&O litigation risk ends this year, with a rise in class action filings and bigger settlements. But the D&O market is still soft, so staying on top of the evolving risk landscape will help you...more

A New Twist on Coverage for Losses From ‘Spoofed’ Emails

Ervin Cohen & Jessup LLP on 4/12/2024

The facts are frequently the same. A company that has retained the services of a vendor receives an authentic-looking email from the vendor’s CFO which advises that the vendor has changed its bank account or method of...more

Chief Information Security Officers and cyber whistleblowing: considerations for PE firms

A&O Shearman on 4/3/2024

Managing these risks at a single company should be straightforward. Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more

[White Paper] United States Insurance Trends and Decisions 2023

Hinshaw & Culbertson - Insights for Insurers on 12/22/2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Is Nothing Sacred? Cyberattacks May Impact Director and Officer Fiduciary Duties

Amundsen Davis LLC on 9/21/2023

MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names...more

[Webinar] D&O Insurance Trends Looking Ahead to 2024 - September 26th, 10:00 am - 11:00 am PT

Woodruff Sawyer on 9/6/2023

The softening D&O market has continued into 2023, with 91% of our clients experiencing a cost reduction in their renewal in the first half of the year. Self-insured retentions have also continued to fall. The soft market is a...more

What Will 2023 Bring to the Cyber Liability Market? 5 Takeaways from Our Webinar

Woodruff Sawyer on 2/2/2023

After two years of volatility, cyber liability prices finally appear to be normalizing due to factors that include a downturn in price increases and a lower frequency of ransomware attacks in 2022—all of which have resulted...more

CISOs Under the (Liability) Gun

Woodruff Sawyer on 12/14/2022

Chief information security officers (CISOs) face an increased likelihood of legal scrutiny after a significant breach. It’s par for the course for CISOs to be scrutinized when security programs don’t hold up under attack—but...more

Crime Market Update: Management Liability Auxiliary Lines, Part 3

Woodruff Sawyer on 6/23/2022

Crime policies cover theft of money, tangible property, and securities by employees and others. The crime market is currently stable. But could it be the calm before the impact of the work-from-home storm is fully known?...more

Rates Continue to Decelerate in Many Areas: Q1 2022 Commercial Market Update

Woodruff Sawyer on 5/17/2022

Market stabilization is the theme as we closed the first quarter of 2022. We monitored the first quarter earnings releases of commercial insurers carefully to detect trends. All the top commercial lines insurers reported rate...more

Mitigating Energy Sector Risks Through Cyberinsurance

Morgan Lewis on 3/16/2022

Energy companies in the power and oil and gas sectors are leading targets of cyberattacks, as threats to critical infrastructure systems continue to rise. A 2021 report by a third-party cyberrisk company found that a quarter...more

Looking Ahead: Expert Insights into the 2022 D&O Market

Woodruff Sawyer on 1/20/2022

As predicted in last year’s Looking Ahead, D&O insurance rates continued to rise in 2021. However, there are early signs that the market is in transition and that some relief may be on the way. As documented in this year’s...more

Looking Ahead to 2022 Cyber Insurance Expectations For The Coming Year

Woodruff Sawyer on 1/11/2022

1.0 CYBER MARKET UPDATE - 1.1 US Market Update - To call 2021 anything other than a sea change in the cyber insurance world would be an understatement. Indeed, nearly all cyber insurance renewals saw increases in...more

Ruling is Instructive of Biometric-Related Claims and Insurance

Ervin Cohen & Jessup LLP on 11/24/2021

As part of the larger trend of invasion of privacy claims asserted by employees or consumers against businesses, several states have recently passed legislation that sets forth requirements for the collection, storing and...more

What Now? Addressing A Crisis Of Complexity Resulting From A Hardening D&O Insurance Market

Robins Kaplan LLP on 4/24/2020

Following several quarters of double-digit rate hikes and increased retentions, the hardening marketing for directors and officers (D&O) liability insurance is adjusting to a “new normal” of increasing exposures, claims, and...more

Underwriting D&O Risks for Coronavirus (COVID-19)-Related Exposures

White and Williams LLP on 3/24/2020

Among the many dramatic changes to Americans’ personal and professional lives during the past few weeks has been the noticeable absence of established guidelines and information on how to conduct business in this...more

In Case You Missed It - Interesting Items for Corporate Counsel - February 2020

Stoel Rives LLP on 2/28/2020

The SEC proposed updates to Regulation S-K to modernize, simplify and enhance financial disclosures, here. The SEC’s press release, here, summarizes the changes as well as any law firm memo (but see here and here if you don’t...more

Cybersecurity › D&O Insurance

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