In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the way in which companies’ operations and disclosures about safety issues can translate into securities litigation. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. Here is Sarah’s article.
Continue Reading Guest Post: Rollercoaster
I am calling out to all readers to consider sending me their top travel pictures from 2025, as well as a description of their top travel hacks. As at least some of you will recall, over the holidays I posted my own top travel pictures from 2025 (here), as well as, separately, my top travel hacks, gripes, and likes (here). I also invited readers to send in their top 2025 travel pictures as well as their key travel hacks, with a promise to publish the pictures and hacks in a later post on this site. In response to my request, I did receive a few pictures and a few travel hack suggestions, but I would like more! So I am calling all readers who had noteworthy travel experiences during 2025 to send along their travel pictures to me, and calling on everyone to send in their favorite travel hacks. I will publish them all in a future post. Please send the pics and hacks along to me at kevin.lacroix@rtspecialty.com. Please be sure to include a short description with your pictures so that I can be sure to identify them correctly in the readers’ pictures post. I look forward to seeing your pictures!
Continue Reading Calling for Readers’ Travel Pics and Travel Hacks
The U.S. Supreme Court only rarely agrees to take up consideration of cases involving securities law issues, so it was a noteworthy event when the Court agreed late last week to take up a case involving the SEC’s enforcement powers. As discussed below, the case involves questions of what the SEC has to prove in order to secure disgorgement from alleged wrongdoers. The Court’s ruling in the case, which is captioned Sripetch v. SEC, will address a split in the Circuit Courts on the question of whether the SEC must prove that investors were harmed by the wrongdoers’ acts in order to obtain disgorgement.
Continue Reading Supreme Court Agrees to Consider SEC’s Disgorgement Remedy Rights
Because so many of you were out of the office or away from your desks last week, I am posting a reminder that, along with my colleagues Marissa Streckfuss and Chris Bertola, I will be hosting a free, one-hour seminar on The Top Ten D&O Stories of 2025 on Thursday, January 15, 2026 at 11:00 am EST. In the webinar, we will be discussing the top developments in the World of D&O during 2025, including AI, the Trump Administration’s Tariff Policies, the impact of changes at the SEC, cybersecurity, ESG, DEI and DExit. Registration for the webinar can be found here. I hope all of you can join us. My Top Ten D&O Stories of 2025 blog post can be found here.
Please also be sure to see my post below about the Trump administration’s use of the False Claims Act in support of its campaign against “illegal DEI.”
The Trump Administration has already shown that it intends to use the False Claims Act (FCA) as one of the primary tools in its arsenal to enforce its policy priorities. For example, as discussed in prior posts on this site (most recently here), the administration is actively using the FCA to enforce its tariff policies. In the latest demonstration that the FCA may now be the administration’s preferred enforcement tool, the administration appears to be actively gearing up to use the FCA as a primary weapon in its campaign against “illegal DEI,” in an apparent use of the FCA commentators agree would be, at a minimum, “novel.” The administration’s use of the FCA for these purposes could pose significant challenges for companies — and their insurers.
Continue Reading The Trump Administration Use of the False Claims Act in Anti-DEI Campaign
In the following guest post, Chris Quirk, a wholesale broker at ARC Excess & Surplus, part of CRC Group, takes a detailed look at the cyber liability insurance implications of text messaging fraud schemes. I would like to thank Chris for allowing me to publish his article as a guest post on this site. Here is Chris’s article.
Continue Reading Guest Post: Insuring Against SMS Pumping SchemesThe Trump administration has already demonstrated that it intends to actively pursue tariff enforcement, as discussed in prior posts on this site (most recently here). One of the enforcement tools the administration is using is the False Claims Act. In the following post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the ways the administration is using the False Claims Act as an enforcement tool, in the context of two recent enforcement actions. My thanks to Sarah for allowing me to publish her article as a guest post on this site. Here is Sarah’s article.
Continue Reading Guest Post: False Claims Act Tariff Enforcement
There’s lots to worry about as we enter the New Year, not least a newly emboldened and militarily active U.S. There are also things to worry about in the financial markets, even as the various indices trade at or near record levels. Much of the recent run-up in market valuations is due to investor enthusiasm for artificial intelligence (AI). Some commentators worry that the current investor AI enthusiasm may prove to be a bubble – that is, that valuations have gotten out of whack and that infrastructure investment have run far ahead of any possible (or profitable) need. Some (including me) are concerned that things could get messy if investors sour on AI or lose confidence or patience.
One of the possible consequences from an AI bubble burst could be a wave of corporate and securities litigation. A lawsuit filed earlier this week against the start-up AI energy support company Fermi, which just completed an IPO in October, may suggest what post AI-bubble litigation might look like. A copy of the complaint can be found here.
Continue Reading Worried About a Possible AI Bubble Burst?Bankruptcy is a fraught circumstance for D&O insurance. As discussed in the following guest post from Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, the usual bankruptcy complications are further amplified in the crypto context. I would like to thank Sarah for allowing me to publish her article as a guest post on this site.
Continue Reading Guest Post: D&O Insurance Coverage in a Crypto Mining BankruptcyThe directors’ and officers’ liability environment is always changing, but 2025 was a particularly eventful year, with important consequences for the D&O insurance marketplace. The past year’s many developments also have significant implications for what may lie ahead in 2026 – and possibly for years to come. I have set out below the Top Ten D&O Stories of 2025, with a focus on future implications. Please note that on Thursday, January 15, 2026 at 11:00 am EST, my colleagues Marissa Streckfus, Chris Bertola, and I will be conducting a free, hour-long webinar in which we will discuss The Top Ten D&O Stories of 2025. Registration for the webinar can be found here. Please join us for the webinar.
Continue Reading The Top Ten D&O Stories of 2025