The SpaceX initial public offering has captured global attention, positioned to potentially become the largest IPO in financial history. Beyond its massive scale, the offering is drawing heavy scrutiny from corporate law experts and institutional investors due to the extraordinary
A common feature of many liability insurance policies is a specification that the policyholder may not settle a claim without the insurer’s advance consent. However, some policies, particularly professional liability insurance policies, may require the insurer to obtain the policyholder’s
The D&O Diary has been chronicling how securities plaintiffs continue to expand litigation theories beyond traditional “AI-washing” claims. The recent securities class action against data protection company Commvault Systems, Inc. demonstrates how AI hype and strategy can become entangled with
For several years, cybersecurity has been a perennial D&O liability issue. Although there has never quite been the volume of cybersecurity-related D&O litigation that some anticipated, cybersecurity-related D&O claims do continue to arise. In the latest example, last week a
The D&O Diary has been tracking how fragmented state and federal climate disclosure initiatives, along with rising anti-ESG litigation, are reshaping D&O risk. Vanguard Guard Group’s (Vanguard) recent settlement of the anti-ESG antitrust litigation that red state attorneys general (AGs)
Those who observe securities class action litigation filing patterns know that life sciences companies are frequent securities litigation targets. Though the number of securities suit filings against life sciences companies fluctuates from year to year, more recently the number of
Hvar, Croatia
The D&O Diary’s European assignment continued this week with a long weekend visit to Croatia, the southeastern European country located along the Adriatic Sea with a long, irregular coastline marked by numerous islands. This was a long
On May 11, 2026, the Supreme Court of New Jersey issued a highly anticipated ruling, holding that when an individual’s actions span both insured and uninsured capacities, that overlap in role-based conduct is sufficient to trigger the D&O policy’s
It is a well-established fact that securities class action lawsuits rarely go to trial. In most cases, the lawsuits are either dismissed or settled. However, there has been an interesting recent uptick in the number of securities suits going all
Englischer Garten, Munich
The D&O Diary is on assignment in Europe this week, with a first stop in the Bavarian city of Munich. Munich is such a comfortable, walkable place, with rich history, interesting local traditions, and a vibrant arts
