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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Woodruff Sawyer

FTC Holding Corporate Officers Personally Liable for Bad Business Practices

Woodruff Sawyer on

The FTC’s mission is protecting the public from deceptive or unfair business practices and from unfair methods of competition through law enforcement, advocacy, research, and education. The FTC’s scope of responsibilities...more

Pillsbury - Policyholder Pulse blog

Delaware Bankruptcy Court Ruling Creates a Nightmare for D&O Policyholders Facing Qui Tam Actions

Pillsbury - Policyholder Pulse blog on

When is a claim “brought” against an insured? A Delaware bankruptcy court’s answer to this seemingly innocuous question turned into a nightmare for the estate of a bankrupt insured...more

A&O Shearman

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

A&O Shearman on

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

Woodruff Sawyer

Guide to D&O Insurance for IPO and Direct Listing Companies, 2024 Edition

Woodruff Sawyer on

Companies that have been waiting to do their IPO until conditions improve are gearing up. In fact, EY predicts the global IPO market will turn around in 2024 due to some improvements in key macroeconomic factors and...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Hinshaw & Culbertson - Insights for Insurers

Insurers Face Large PFAS-Related Losses: A Primer on Forever Chemical Regulation, Liabilities, and Insurance Coverage Issues

Hinshaw & Culbertson - Insights for Insurers on

Per and polyfluoroalkyl substances (PFAS) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and several large settlements have already been reached. Insurers are...more

Woodruff Sawyer

Guide to D&O Insurance for SPAC IPOs, 2023 Edition

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

Orrick, Herrington & Sutcliffe LLP

Top Tips on Complying with Directors’ Duties Under English Law

Orrick, Herrington & Sutcliffe LLP on

Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Cases and Developments – 2022 In Review

Hinshaw & Culbertson - Insights for Insurers on

After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more

Woodruff Sawyer

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

Woodruff Sawyer on

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

Hogan Lovells

ESG Market Alert – September 2022

Hogan Lovells on

In this alert, we provide a round-up of the latest developments in ESG for UK corporates. In this month’s ESG Market Alert, we cover: The Hogan Lovells Navigating Deep Waters survey’s findings that the majority of companies...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

White and Williams LLP on

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Woodruff Sawyer

Crime Market Update: Management Liability Auxiliary Lines, Part 3

Woodruff Sawyer on

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

Hinshaw & Culbertson - Insights for Insurers

Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Hinshaw & Culbertson - Insights for Insurers on

This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Some key decisions impacting the D&O and securities law...more

Morgan Lewis

Mitigating Energy Sector Risks Through Cyberinsurance

Morgan Lewis on

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

Hinshaw & Culbertson - Insights for Insurers

Part One: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Hinshaw & Culbertson - Insights for Insurers on

Environmental, Social, and Governance (ESG) - These are challenging times for insurers, policyholders, and reinsurers. In the coming days, we will review—in a series of articles—some of the key trends and developments...more

Lowenstein Sandler LLP

A Lapse in Safety Can Lead to Lawsuits for Directors and Officers. Boeing’s Board Learned That Firsthand.

Lowenstein Sandler LLP on

Boeing's Board of Directors Settled a Caremark Claim Lawsuit with Shareholders for $225 Million Over the Crash of Two 737 Max Jetliners- Board members who neglect risk oversight, in turn, risk exposure to lawsuits via...more

Cozen O'Connor

Global Insurance Perspectives on Climate Change

Cozen O'Connor on

Evolving climate change data presents an ominous trend that has the potential to upend historical assumptions of actuarial science. For example, in the last several years global risk markets have weathered historically...more

Pillsbury Winthrop Shaw Pittman LLP

SPAC FAQs: SEC Staff Statement on Accounting Issues for SPAC Warrants

Pillsbury Winthrop Shaw Pittman LLP on

The recent statement by the Staff of the SEC (the Staff Statement) will likely impact almost every SPAC or post-de-SPAC entity with warrants in its structure. SPAC/post-de-SPAC entities should review warrant terms to...more

Goodwin

Delaware Supreme Court Holds Appraisal Action Is Not “Securities Claim” Covered By D+O Insurance Policy

Goodwin on

Delaware Supreme Court Holds Appraisal Action is Not “Securities Claim” Covered by D&O Insurance Policy; Delaware Supreme Court Affirms Dismissal of Derivative Claims Against Life Sciences Company For Failure to Plead Demand...more

Robins Kaplan LLP

Facing Novel Legal Issues Concerning Facial Recognition Technology in 2020

Robins Kaplan LLP on

Today, Facial Recognition Technology Is Everywhere. As It Invades Every Aspect Of Our Lives, Shutdown Or Not, Technological Advances, News Coverage, And Legal Approaches Concerning Such Technology Continue To Expand And...more

White and Williams LLP

Direct Listings: Capital Liquidity, Liability and D&O Insurance Coverage Considerations

White and Williams LLP on

Direct listings have been a hot topic in the news lately, particularly in light of the recent submission of proposals to the U.S. Securities and Exchange Commission (SEC) by the New York Stock Exchange (NYSE) (and indications...more

Cooley LLP

Blog: D&O Coverage for Cyber and Privacy Related Exposure

Cooley LLP on

It goes without saying that cybersecurity is a top D&O liability concern for organizations today. According to Willis Towers Watson’s 2018 Management Liability (Directors and Officers) U.S. Survey, respondents cited cyber...more

Dechert LLP

Global Private Equity Newsletter - Spring/Summer 2019 Edition: Recent Developments in Acquisition Finance (Traps for Portfolio...

Dechert LLP on

A recent decision by the Superior Court of the State of Delaware highlights a risk of potential exposure to liability for individuals affiliated with private equity firms who are presumed to be covered by a directors’ and...more

Cooley LLP

Blog: PLUS D&O Symposium: Rise of Cryptocurrency and Blockchain Creates New Exposures

Cooley LLP on

Last week, the Professional Liability Underwriting Society (PLUS) held its annual Directors and Officers (D&O) insurance symposium, which brings together key players and thought-leaders in the insurance industry to discuss...more

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