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The D&O Diary

Guest Post:  Crypto-Verse D&O Opportunity

By Kevin LaCroix
July 16, 2025

Sarah Abrams

There is no doubt that under the current Trump administration, cryptocurrency is enjoying a more hospitable environment. The environment not only affords crypto firms increased business opportunities, such as, for example, with respect to exchange-traded digital assets, but…

Your ERISA Watch

Tenth Circuit Rejects Claim for Pre-Litigation Attorney’s Fees

By Peter Sessions
July 16, 2025

Stark v. Reliance Standard Life Ins. Co., No. 24-6137, __ F.4th __, 2025 WL 1872420 (10th Cir. July 8, 2025) (Before Circuit Judges Matheson, Ebel, and Carson)

Legal practitioners in the United States generally abide by the “American Rule”…

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Disaster Prep & Recovery

How to Build a Strong Business Interruption Claim: A Practical Guide

By Tyler Rench & David J. Forestner
July 15, 2025
hurricane-season

The 2025 Atlantic hurricane season began on June 1, and the TSR (Tropical Storm Risk) forecast is for 8 hurricanes, of which 4 may be intense, and 16 tropical storms. This season is forecasted to exceed the statistical norms. 

In…

The D&O Diary

Did the DExit Debate Just Hit an Inflection Point?

By Kevin LaCroix
July 15, 2025
Please follow me on instagram! @chrishenry
Chris Henry, Unsplash

In recent months, a debate has raged about whether Delaware companies should up stakes and reincorporate elsewhere, particularly Nevada or Texas. While this debate has sparked a great deal of discussion, and while a few high-profile companies have made the…

The D&O Diary

Guest Post: Made in America

By Kevin LaCroix
July 14, 2025

Sarah Abrams

The Trump administration, through the Federal Trade Commission (FTC), has made it clear that it will prioritize enforcement against false or misleading “Made in USA” claims. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a…

The D&O Diary

Does the Word “The” Change an Exclusion’s Meaning?

By Kevin LaCroix
July 13, 2025

Insurance practitioners know that policy language matters. Insurance coverage advocates are also well aware that the application of the canons of construction can significantly affect contested coverage matters. These two considerations came together in a recent Fifth Circuit opinion, in…

China Law Vision

Shanghai Is Set to Retain and Attract International Game Developers

By Tracey TANG
July 11, 2025
1752262320-3248506-8237-lxb_photo5h_dMuX_7RElxb_photo-
Li Yang, Unsplash

The Shanghai Municipal Government recently unveiled a series of incentive policies aimed at fostering the growth of software and information service industries. Notably, a pilot policy allowing game products developed by international game studios based in Shanghai to be classified as domestic games has…

Benefits Law Advisor

Remote Work Challenges After New York Tax Appeals Tribunal Upholds Income Tax “Convenience Rule”

By Raymond P. Turner
July 11, 2025

In an opinion issued on May 15, 2025, the State of New York Tax Appeals Tribunal, the highest administrative forum for state tax appeals, upheld the application of the state’s income tax “convenience rule” imposing New York tax on wages…

InsureReinsure

New Connecticut Flood Insurance Disclosure Requirements

By John Emmanuel & Jeffrey Bohn
July 11, 2025

On June 10, 2025, Governor Lamont signed Senate Bill No. 9 into law. In light of the passage of the bill, on July 8, 2025, the Connecticut Insurance Department (Department) issued Bulletin PC-93-25, addressed to “all companies licensed to…

The D&O Diary

Guest Post: D&O Insurance – Coverage for Penalties: New Insights from Recent Australian Judgement

By Kevin LaCroix
July 10, 2025

Umesh Pratapa

The typical U.S. D&O insurance policy does not provide coverage for fines and penalties. The standard definition of Loss in U.S. D&O insurance policies provides that Loss does not include “fines, penalties, and matters deemed uninsurable under applicable…

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