The D&O Diary has been following the evolving litigation and management liability issues arising from the Trump Administration’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs, the subsequent judicial decisions invalidating those tariffs, and the wave
Puerta del Sol, Madrid
This past week I was on assignment for The D&O Diary in Madrid, Spain’s capital and largest city. It was a return trip to the city for me, although I think I appreciated it much more
As crypto-related litigation continues to mature, the focus has shifted beyond the threshold question of whether digital assets constitute securities. Increasingly, private plaintiffs are pursuing claims that resemble traditional securities litigation including allegations involving disclosure failures, market misconduct, and investor
In the following guest post, Chris Mosley and John Orr discuss the findings from the 2026 North America edition of the Global Directors’ and Officers’ Survey, developed by Willis, a WTW business, in collaboration with Reed Smith LLP. As the
In Episode 7 of the D&O Diary Podcast Series, we sat down with Stephen Sills, Founder and CEO of Bowhead Specialty, to discuss the evolution of the D&O insurance marketplace and the lessons Stephen has learned throughout a career spent
Artificial intelligence has generated considerable discussion about operational, regulatory, and compliance risks that may translate into D&O underwriting exposure. An August 27, 2026, ruling allowing a securities class action against CVS to proceed highlights a growing source of securities litigation
One of the recurring issues in D&O coverage litigation is whether an individual director or officer was acting in an insured capacity when the conduct that gave rise to a claim occurred. Because directors and officers often serve in multiple
In a recent decision, the 11th Circuit reversed a lower court’s blockbuster ruling holding that the qui tam provisions of the False Claims Act violate the U.S. Constitution’s Appointments Clause. The appellate court left other key constitutional questions unanswered and
Over the last several months, the boards of a number of tech companies have been hit with “follow on” shareholder derivative lawsuits, after the companies were first sued in underlying intellectual property suits. The derivative lawsuits allege that the companies’
On August 21, 2026, when the Tioga-Franklin Saving Bank of Philadelphia was closed by banking regulators, it became the fifth U.S. bank to fail this year. The five failures so far in 2026 comes after only two banks
