D&O Insurance Myths (Part 1)
Blogging made him both the Pope and the Tom Hanks of D&O insurance - Legally Contented Podcast
D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it
ESG is All The Rage, but How Does It Intersect with the D&O and RWI Insurance Markets?
Has the SPAC Bubble Burst? Lessons Learned From the Early Days of SPAC Mania
Smoother Sailing or Choppy Waters: What Lies Ahead for the 2022 D&O Market?
Takeaways From Recent Claims Against Mark Zuckerberg and Facebook – Mitigating the Heightened Risk of Privacy Suits Against Individual Directors and Officers
Wait, are we related? Well, that depends on the facts and circumstances of each Claim
Don’t Step on a Crack in the SPAC/deSPAC Insurance Claim Process
The Intersection of Insurance and Bankruptcy – Part 2
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs
NGE On Demand: Insurance Issues in Bankruptcy with Jason Frye
The D&O Renewal Market: Will the Wild Ride of Premium Increases, Stretched Capacity and Restrictive Terms Continue?
On-Demand Webinar | Insurance Issues Faced by Employers in Times of COVID-19
Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions
The Intersection of Cyber and D&O Coverage
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
In addition to the normal operational and legal risks associated with owning and managing portfolio companies, 2025 has introduced or exacerbated a wave of geopolitical and macroeconomic risks such as inflation, tariffs,...more
The spread of misinformation goes beyond public relations and poses a real risk to business operations. Whether it's inaccurate information shared on social media, mischaracterizations in mainstream news or podcasts, or...more
Cryptocurrency isn’t just for tech startups and X (formerly Twitter) enthusiasts anymore. Mainstream corporations are increasingly forced to consider Bitcoin—the undisputed “king” of crypto—and other investments into digital...more
As AI technologies like ChatGPT and other generative AI tools have gained prominence, our clients have started raising questions about their insurance coverage. Among the most frequently asked are: These questions highlight...more
The SEC public company cyber disclosure rule raises issues that companies should consider in reviewing existing insurance coverage and in assessing overall risk....more
SEC Penalizes Director for Misleading D&O Questionnaire Response - The SEC recently brought an enforcement action against a director for causing violations of the proxy rules by failing to disclose a close personal...more
Cooley’s securities litigation + enforcement group continued to share key insights on key cases and developments in securities litigation throughout the spring and summer. They highlighted important decisions in Delaware...more
Even though there was an uptick in IPO activity in 2024, many companies have taken a wait-and-see approach and deferred their public debuts to next year. Still, going public in 2025 will come with challenges, such as...more
The streak of good news in D&O litigation risk ends this year, with a rise in class action filings and bigger settlements. But the D&O market is still soft, so staying on top of the evolving risk landscape will help you...more
The facts are frequently the same. A company that has retained the services of a vendor receives an authentic-looking email from the vendor’s CFO which advises that the vendor has changed its bank account or method of...more
Managing these risks at a single company should be straightforward. Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more
As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more
MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names...more
The softening D&O market has continued into 2023, with 91% of our clients experiencing a cost reduction in their renewal in the first half of the year. Self-insured retentions have also continued to fall. The soft market is a...more
After two years of volatility, cyber liability prices finally appear to be normalizing due to factors that include a downturn in price increases and a lower frequency of ransomware attacks in 2022—all of which have resulted...more
Chief information security officers (CISOs) face an increased likelihood of legal scrutiny after a significant breach. It’s par for the course for CISOs to be scrutinized when security programs don’t hold up under attack—but...more
Crime policies cover theft of money, tangible property, and securities by employees and others. The crime market is currently stable. But could it be the calm before the impact of the work-from-home storm is fully known?...more
Market stabilization is the theme as we closed the first quarter of 2022. We monitored the first quarter earnings releases of commercial insurers carefully to detect trends. All the top commercial lines insurers reported rate...more
Energy companies in the power and oil and gas sectors are leading targets of cyberattacks, as threats to critical infrastructure systems continue to rise. A 2021 report by a third-party cyberrisk company found that a quarter...more
As predicted in last year’s Looking Ahead, D&O insurance rates continued to rise in 2021. However, there are early signs that the market is in transition and that some relief may be on the way. As documented in this year’s...more
1.0 CYBER MARKET UPDATE - 1.1 US Market Update - To call 2021 anything other than a sea change in the cyber insurance world would be an understatement. Indeed, nearly all cyber insurance renewals saw increases in...more
As part of the larger trend of invasion of privacy claims asserted by employees or consumers against businesses, several states have recently passed legislation that sets forth requirements for the collection, storing and...more
Following several quarters of double-digit rate hikes and increased retentions, the hardening marketing for directors and officers (D&O) liability insurance is adjusting to a “new normal” of increasing exposures, claims, and...more
Among the many dramatic changes to Americans’ personal and professional lives during the past few weeks has been the noticeable absence of established guidelines and information on how to conduct business in this...more
The SEC proposed updates to Regulation S-K to modernize, simplify and enhance financial disclosures, here. The SEC’s press release, here, summarizes the changes as well as any law firm memo (but see here and here if you don’t...more