The D&O insurance implications of M&A litigation often extend beyond claims against the company and its directors and officers. When financial advisers are drawn into transaction-related litigation, companies that have agreed to indemnify them may be required to reimburse defense
In the following guest post, Javier Ybarra, Oswald Carvalho, and Sofia Garcia-Ollauri, all of Marsh Spain, consider a special feature of D&O insurance in Spain. Spain’s legal system allows civil damage claims to be pursued within criminal proceedings, which can
In a recent post (here), I wrote about a lawsuit that had just been filed against Microsoft’s board, alleging that the company’s directors had violated their fiduciary duties by knowingly allowing its AI development efforts to engage in
As The D&O Diary has emphasized in numerous posts in recent months (most recently here), geopolitical issues represent an increasing source of D&O risk. The geopolitical issues include, among other things, sanctions, tariffs, and export controls. Another geopolitical issue
The latest episode of The D&O Diary Podcast is now available. Kevin LaCroix and Sarah Abrams are joined by their first podcast series guest, Marissa Streckfus, Vice President & Claims Manager at RT ProExec, to discuss the current private company
Benjamin Edwards
Nancy Rapoport
In the following guest post, Professors Benjamin Edwards and Nancy B. Rapoport, of Boyd School of Law, UNLV, present their views that a corporate law loophole in advancement and indemnification rules can force companies to pay
Artificial intelligence-related securities litigation continues to accelerate, with plaintiffs increasingly targeting not only alleged misstatements about AI products and capabilities, but also companies’ disclosures regarding their investments in AI and the impact of those investments on business operations. A couple
One of the most urgent current issues in the D&O insurance marketplace is the question of how artificial intelligence (AI) will impact the D&O liability and insurance landscape. In order to get a sense of the industry’s current thinking on
In recent years, the D&O Diary has followed the growing debate over whether companies should reincorporate outside Delaware, particularly in states such as Nevada and Texas. We have also followed Delaware’s efforts to address the trend through measures including the
