News & Analysis as of

D&O Insurance

Proskauer - The Capital Commitment

Protecting Sponsors from Emerging Portfolio Company Risks through Insurance

In addition to the normal operational and legal risks associated with owning and managing portfolio companies, 2025 has introduced or exacerbated a wave of geopolitical and macroeconomic risks such as inflation, tariffs,...more

Wiley Rein LLP

Coverage Barred by Prior Acts Exclusion Under First Policy; No Coverage Under Second Policy Because Defendant did not Qualify as...

Wiley Rein LLP on

The United States District Court for the District of New Mexico, applying New Mexico law, has held that a prior acts exclusion in a directors and officers policy barred coverage for an investor lawsuit alleging a scheme to...more

Woodruff Sawyer

Foreign Private Issuers: Time to End the Free Lunch?

Woodruff Sawyer on

Foreign private issuers (FPIs) are non-US companies that are traded on US exchanges. They have access to US capital markets even though FPIs are subject to less-stringent disclosure requirements. A good question to ask is...more

Woodruff Sawyer

Q1 2025 Commercial Insurance Snapshot: Property Market Continues Downward Trend

Woodruff Sawyer on

The soft market persists across most sectors of commercial insurance. In the property sector, rates continue to decline—a trend we expect to persist as property insurers see strong profits and benefit from decreasing...more

WilmerHale

Preparing for Securities Litigation: Strategic Coordination with Crisis Response

WilmerHale on

When a public company confronts a crisis, whether stemming from regulatory scrutiny, operational setbacks, or some other unfortunate development, securities litigation exposure materializes rapidly. ...more

Pillsbury - Policyholder Pulse blog

The Beginning of the End of an Era? Competition to Delaware’s Supremacy as Corporate Domicile and Implications for D&O Insurance

Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023...more

Wiley Rein LLP

Applying a “Meaningful Linkage” Standard, Delaware Superior Court Concludes Two Lawsuits Do Not “Arise Out Of” Interrelated...

Wiley Rein LLP on

The Delaware Superior Court has held that an underlying shareholder lawsuit and prior litigation alleging certain common facts did not arise out of Interrelated Wrongful Acts, and did not trigger either the Prior Notice or...more

Woodruff Sawyer

The 2025 Guide to D&O Insurance for SPAC IPOs

Woodruff Sawyer on

As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the...more

Wiley Rein LLP

Prior Demand for Books and Records Unrelated to Subsequent Arbitration Brought by Same Claimants

Wiley Rein LLP on

Applying Illinois state law, the Appellate Court of Illinois has held that two lawsuits against insureds did not allege Related Wrongful Acts sufficient to render the two lawsuits a single, related claim under the D&O...more

Woodruff Sawyer

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

Woodruff Sawyer on

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

Woodruff Sawyer

Derivative Suit Exposure: More Art Than Science

Woodruff Sawyer on

Derivative suits are a topic of discussion that continues to challenge directors, officers, and insurers alike. The issue is particularly fraught for individual directors and officers because Delaware-incorporated companies...more

Rivkin Radler LLP

2nd Circuit Refuses to Enforce Insurance Policy’s Arbitration Provision

Rivkin Radler LLP on

A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies. In Ehrenberg v. Allied...more

Woodruff Sawyer

D&O Insurance for Foreign IPOs: A 2025 Step-by-Step Guide

Woodruff Sawyer on

Private to Public Timeline - Click/tap an area of the timeline to learn more about the D&O insurance process for companies going public. While the timeline below is specific to IPO companies, the milestones are relevant to...more

Woodruff Sawyer

Special Report: Biotechnology Companies & Securities Class Action Litigation (2024)

Woodruff Sawyer on

In 2024, biotechnology companies were the second most targeted industry for securities class action litigation, according to the D&O Databox™, Woodruff Sawyer’s proprietary database of securities class action suits. The...more

Ward and Smith, P.A.

Basic but Important Considerations for Corporations—Both For-Profit and Non-Profit: Understanding Director and Officer Liability...

Ward and Smith, P.A. on

Depending on the scope of the policy, the policy may also provide coverage for members of corporate committees or defined classes of volunteers. Corporations do! Whether for-profit or non-profit, corporations act through...more

Hogan Lovells

Key risk trends for Directors and Officers in 2025 and beyond

Hogan Lovells on

2024 was a standout year for the Directors and Officers (“D&O”) insurance market, as the industry navigated legislative upheaval and case law developments with remarkable resilience. Despite increasing mass-shareholder...more

Pillsbury - Policyholder Pulse blog

How Trump’s DEI Rollback Affects Nonprofits and How to Protect Your Organization

Since taking office, President Trump has issued sweeping executive orders targeting Diversity, Equity, and Inclusion (DEI) initiatives across federal agencies and directing agencies to take action to encourage private...more

Woodruff Sawyer

The End of an Empire? Companies Are Getting More (Dela)Wary

Woodruff Sawyer on

In the brilliant long-form podcast Fall of Civilizations, author Paul Cooper gives listeners a sense of how average citizens living in Tenochtitlan, Angkor Wat, Rome, and Constantinople may have felt as once-mighty empires...more

Woodruff Sawyer

Guide to D&O Insurance for De-SPAC Transactions, 2025 Edition [Report]

Woodruff Sawyer on

There is significant complexity to the process of protecting a company and its directors and officers as they undertake the process of going public. This resource is your guide to the D&O insurance process for de-SPAC...more

Woodruff Sawyer

Securities Litigation Trends: Key Takeaways from a 2025 PLUS D&O Symposium Panel

Woodruff Sawyer on

The 2025 PLUS D&O Symposium brought together leading voices in the professional liability space to discuss the evolving risks corporate leaders are facing. I was privileged to moderate the panel on securities litigation, a...more

Wiley Rein LLP

California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision

Wiley Rein LLP on

The United States District Court for the Central District of California, applying California law, granted an insurer’s motion for summary judgment, concluding that (1) the policy’s prior notice exclusion applied; and (2) the...more

Bradley Arant Boult Cummings LLP

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

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

Woodruff Sawyer

Q4 2024 Commercial Insurance Update: A Buyer’s Market Except For Casualty

Woodruff Sawyer on

The commercial insurance market remains a buyers’ market across all sectors except for casualty. Within the casualty market, workers' compensation stands out as the only bright spot, with rates continuing to decline. In...more

Woodruff Sawyer

Securities Motion to Dismiss Trends (Part 3): The Central District of California

Woodruff Sawyer on

In this last article in his three-part series, my partner and securities litigator Walker Newell looked at motion to dismiss trends in the Central District of California, which covers Los Angeles and Orange County. The CD...more

Woodruff Sawyer

SPAC Sponsor Liability and Insurance Solutions

Woodruff Sawyer on

The SPAC market is finally making a comeback. As we enter a period of the long-awaited SPAC revival, some liability dangers persist. Two common questions that keep being raised by our clients are: How much liability...more

787 Results
 / 
View per page
Page: of 32

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide