Sarah Abrams

Litigation funding as a topic has been around for years, but it recently has been back in the headlines of the business pages. In light of the recent renewed focus on litigation funding, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, explores the background regarding litigation finance and considers the implications for D&O insurers. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest for this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.

Continue Reading Guest Post: Litigation Finance (Litigation Funding)

It has been my privilege over the years to participate in insurance industry conferences and events, including conferences and events concerned with topics far outside my usual management liability insurance turf. One of the recurring themes that comes up in these industry events is the wide-spread concern about potential liability exposures associated with PFAS – the large group of synthetic chemicals often referred to as “forever chemicals.” There is already extensive existing litigation relating to companies’ manufacture, use, and distribution of PFAS, much of it relating to environmental and consumer product safety concerns.

Among the PFAS-related litigation risks that many companies may face, in addition to the environmental and consumer product PFAS-related litigation concerns, is the risk of PFAS-related corporate and securities litigation. As discussed below, there have already been PFAS-related securities class action lawsuits, and the possibility of further litigation of this type may represent a significant litigation risk for many other companies.

Continue Reading Thinking About PFAS-Related Corporate and Securities Litigation Risk
John Orr

As I noted at the time, in late March, the Delaware legislature enacted important revisions to the state’s General Corporations Law. In the following guest post, John Orr, D&O Liability Product Leader for WTW’s FINEX practice, North America, takes a look at the new law and considers the D&O liability and insurance implications. This arrticle first appeared in WTW’s FINEX Observer publication (here) and was republished by the Harvard Law School Forum on Corporate Governance (here). I would like to thank John for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is John’s article.

Continue Reading Guest Post: Changes in Delaware Corporate Law: A D&O Liability and Insurance Perspective
Sarah Abrams

The recent news that Warren Buffett is stepping down as Berkshire Hathaway’s CEO has drawn the attention of the business pages around the world. But along with Buffett’s move, there have been other CEO-related developments that have attracted the attention of the corporate and securities world, including with respect to Tesla CEO Elon Musk. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines these CEO moves and considers their implications . I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to the blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.

Continue Reading Guest Post: CEOs and Board Liability 
Burkhard Fassbach

As this blog’s readers know, DEI as a topic has proven to be a high priority under the new Trump administration. The administration’s approach to DEI is important not only for domestic U.S. companies, but also for multinational companies with U.S. subsidiaries. In the following guest post, Burkhard Fassbach examines the DEI-related issues for multinational companies. Burkhard is a D&O lawyer in private practice in Germany. I would like to thank Burkhard for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Burkhard’s article.

Continue Reading Guest Post: What Multinational Corporations Should Know About DEI Risks in the US
Sarah Abrams

The global private credit market has been growing significantly. The rise of private credit raises interesting D&O insurance underwriting concerns. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, explores these D&O issues. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to the blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.

Continue Reading Guest Post: Is Private Credit a Good D&O Risk?
Hagia Sophia (Aya Sofya)

The D&O Diary is on assignment in Europe this week, with an initial stop last weekend for a first-time-ever visit to Istanbul, the historic city where Europe meets Asia. Istanbul, it turns out, is an absolutely fantastic place to visit, although there is far more in the city than I was able to see in my all too brief visit.

Continue Reading Istanbul
Larry Fine

In the following guest post, Larry Fine takes a look at the implications of the U.S. Supreme Court’s April 2025 decision in the Cornell University ERISA fiduciary liability case. Larry is Management Liability Coverage Leader, Willis FINEX. A version of this article previously was published as a WTW client alert. I would like to thank Larry for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Larry’s article.

Continue Reading Guest Post: Why the Supreme Court’s Cornell Decision May Not Have a Major Effect on ERISA Fiduciary Exposure
Sarah Abrams

We are now well into the new Trump administration. The President’s nominee to head the SEC, Paul Atkins, has now been sworn in. At the same time, the SEC is also dealing with the fallout from the U.S. Supreme Court’s decision last term in the Jarkesy case. In the following guest post, Sarah Abrams takes a look at what all this could mean for the SEC. Sarah is Head of Claims, Baleen Specialty, a division of Bowhead Specialty. I would like to thank Sarah for allowing me to publish her article on my site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.

Continue Reading The Post-Jarkesy, Atkins SEC