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
The D&O Diary has been closely following the growing number of lawsuits, investigations, and governance concerns emerging from the private credit sector. Private credit generally refers to loans made by non-bank lenders, which may include private funds or asset managers,
Every year after Labor Day, The D&O Diary takes a step back to survey the most important current trends and developments in the world of Directors’ and Officers’ liability and insurance. This year’s review is set out below. As the
Stephen Hourigan
In the following guest post, Stephen Hourigan argues that a key driver of D&O claim severity is not necessarily board ignorance or misconduct, but the delay between when warning signs are known somewhere within the organization and when
In Episode 6 of the D&O Diary Podcast Series, we sit down with Dan Holloway, Head of Global Management Liability & Professional Indemnity at Allianz Commercial, to discuss the results of a recent global survey examining industry perspectives on
As we have noted on this site, the increasing number of AI-related corporate and securities lawsuit filings is one of the most important recent developments in the world of D&O liability and insurance. Among the AI lawsuits is
Over the past year, market-manipulation lawsuits have become a growing feature of the securities litigation landscape, with plaintiffs targeting alleged spoofing, short-selling, pump-and-dump schemes, and other trading-related misconduct. The latest such case, filed on July 31, 2026, in the Middle
