D&O Insurance Myths (Part 1)
Blogging made him both the Pope and the Tom Hanks of D&O insurance - Legally Contented Podcast
D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it
ESG is All The Rage, but How Does It Intersect with the D&O and RWI Insurance Markets?
Has the SPAC Bubble Burst? Lessons Learned From the Early Days of SPAC Mania
Smoother Sailing or Choppy Waters: What Lies Ahead for the 2022 D&O Market?
Takeaways From Recent Claims Against Mark Zuckerberg and Facebook – Mitigating the Heightened Risk of Privacy Suits Against Individual Directors and Officers
Wait, are we related? Well, that depends on the facts and circumstances of each Claim
Don’t Step on a Crack in the SPAC/deSPAC Insurance Claim Process
The Intersection of Insurance and Bankruptcy – Part 2
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs
NGE On Demand: Insurance Issues in Bankruptcy with Jason Frye
The D&O Renewal Market: Will the Wild Ride of Premium Increases, Stretched Capacity and Restrictive Terms Continue?
On-Demand Webinar | Insurance Issues Faced by Employers in Times of COVID-19
Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions
The Intersection of Cyber and D&O Coverage
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
Earlier this year, the Delaware Supreme Court delivered the latest win for policyholders in a string of battles regarding so-called “Bump-Up Exclusions” in directors and officers (D&O) liability insurance policies. The ruling...more
The New Jersey Supreme Court, applying New Jersey law, has held that a capacity exclusion in a D&O policy barred coverage for claims asserted in two underlying actions alleging that a director of a pharmaceutical company...more
Delaware remains one of the most important jurisdictions for corporate America, so pro-policyholder D&O decisions from Delaware courts are worth watching closely....more
In a recent decision, the Court of Appeal for Ontario confirmed that the civil fraud of a corporate director or officer can lead to personal liability, even without having to pierce the corporate veil, irrespective of whether...more
On May 11, 2026, the New Jersey Supreme Court decided that an insurer did not forfeit its right to disclaim defense and indemnity coverage based upon a “Capacity Exclusion” in a D&O policy. Mist Pharmaceuticals, LLC v....more
The U.S. District Court for the Western District of Washington, applying Washington law, has held that a D&O insurer had no duty to pay defense costs for an arbitration asserting solely excluded contractual claims even though...more
Georgia has enacted HB 1185, which updates the corporate governance and litigation framework applicable to Georgia companies. The legislation is effective July 1, 2026, and applies to claims or proceedings initiated on or...more
The New Jersey Supreme Court recently upheld an insurer’s coverage denial and withdrawal from the insured’s defense because the insurer properly and timely reserved its rights. Mist Pharmaceuticals, LLC v. Berkley Insurance...more
Each week for the next 10 weeks, we will publish an installment of our Red Flags Everywhere! series, highlighting key risk areas that public companies and their board of directors should keep top of mind. This series...more
Over the last year, beyond traditional healthcare and federal procurement matters, the government has pursued federal False Claims Act (FCA) investigations and enforcement across high-risk areas, including diversity, equity,...more
The directors of a Bermuda company owe certain duties to their company when fulfilling their responsibility to oversee the management of the company. That includes both fiduciary duties which are rooted in honesty and loyalty...more
As companies increasingly integrate artificial intelligence (AI) – particularly generative AI – into day-to-day business operations, insurance carriers are moving quickly to limit their exposure. Several carriers have already...more
In 2015, Texas-based ice cream darling Blue Bell Creameries was forced to implement a nationwide recall of its products after a mass Listeria outbreak. Indeed, the fallout was severe: a hefty DOJ fine of $19.35 million, the...more
In View Operating v. Starstone, No. N25C-08-064 SKR CCLD, 2026 WL 895939 (Del. Super. Ct. Mar. 30, 2026), a Delaware court applied the well-established rule that exclusions be interpreted narrowly and strictly against the...more
The United States District Court for the Western District of Washington has held that, where the insured knew prior to purchasing a CGL policy that it would include a certain exclusion, and the insurer accidentally removed...more
The United States District Court for the Northern District of Illinois, applying Illinois law, held that a contract exclusion did not bar coverage for a claim for tortious interference with contract because the insured’s...more
On January 27, 2026, in an opinion authored by Justice Valihura, the Supreme Court of Delaware affirmed a decision by the Delaware Superior Court granting a plaintiff company’s motion for summary judgment against its insurers...more
Artificial intelligence is no longer a future consideration for business owners. It is a present reality. Businesses across every industry in North Carolina and beyond are deploying AI tools for customer service, data...more
As generative artificial intelligence (gen AI) becomes embedded in day-to-day commercial operations across virtually every sector, businesses are confronting a parallel rise in litigation and regulatory risk tied to AI...more
A federal district court applying Maryland law held that claims arising out of securities issued by a company to an insured, prior to its acquisition by the insured, were not “Securities Claims” because the company was not a...more
Artificial intelligence ("AI") is reshaping risk across industries, raising serious potential insurance coverage implications. ...more
When corporate transactions engender shareholder litigation, Directors’ and Officers’ liability insurers all too often invoke the so-called “bump-up” exclusion to bar coverage of such claims. These provisions, common in D&O...more
In a recent decision from the Southern District of New York, Judge Jed S. Rakoff rejected an insurer’s attempt to stretch a “Subsequent Acts” exclusion beyond its text and denied a motion to dismiss a policyholder’s coverage...more
In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier are joined by Morrison Foerster Securities Litigation partners Jamie Levitt and Ryan Keats to discuss what public companies can expect in...more
The U.S. Bankruptcy Court for the Western District of Texas has concluded that a post-judgment motion under Federal Rule of Civil Procedure 54 provides the proper vehicle for seeking indemnification under section 145 of the...more