Director and Officer Liability

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By now, you have undoubtedly heard the news that a divided New York intermediate appellate court has thrown out the massive damages award in the New York Attorney General’s civil fraud lawsuit against the Trump Organization and several of its current or former executives (including the President and two of his sons). However, at the same time, the appellate court also held that the trial court had correctly found the defendants liable and correctly awarded injunctive relief. This summary of the case is technically accurate, at least in a way. However, the reality is that what happened at the intermediate appellate court is also technically much more complicated than that. In any event, the appellate court’s rulings virtually ensure that the case will now go to New York’s highest court, the New York Court of Appeals.Continue Reading N.Y. Court Affirms Trump Civil Fraud Ruling, Vacates Massive Damages

One of the important ways that a U.S. President can maintain influence long after his or her term of office has ended is through exercise of the judicial appointment power. Because federal judges enjoy lifetime tenure, the judges he or she appoints determine legal outcomes for decades after the end of the President’s administration.

When President Trump took office again in January, he arrived with a judicial appointment track record from his first administration. He had appointed generally well-pedigreed judges that enjoyed the support and even the backing of the conservative Federalist Society. Now, in his second administration, where many of his Presidential initiatives are facing judicial challenges, Trump has soured on his first term appointments and turned on the Federalist Society. He has also adopted a transparently political approach to judicial appointments. Trump’s changed approach to judicial appointments could have significant implications for legal developments for decades to come.Continue Reading Trump 2.0 and the Judicial Appointment Power

Sarah Abrams

Over recent years, many companies have pursued paths for going public as an alternative to a traditional IPO, including, for example, through a reverse merger, and or a SPAC transaction. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at these alternatives, and considers what these kinds of transactions may mean in terms of potential D&O liability exposure. 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 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: Backing Into an IPO

Sarah Abrams

In the latest development in the long and continuing saga about college athletes’ compensation, on July 25, 2025, President Trump issued an Executive Order attempting to address many of the relevant issues. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the Executive Order and puts it in the context of the other pending initiatives and related developments. 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 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: Saving College Sports or Burning Down the House?

Sarah Abrams

As illustrated by the lawsuit Donald Trump recently filed against the Wall Street Journal’s parent company Dow Jones and its owner Rupert Murdoch, defamation lawsuits are all the rage these days. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the recent proliferation of defamation lawsuits and considers the D&O insurance ramifications. 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 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: What Did You Say?

Sarah Abrams

I am sure that many readers followed with interest the recent litigation brought by college athletes against the NCAA and the top athletic conferences in which the athletes alleged that the defendants conspired to suppress athletes’ compensation. The lawsuit ended in a blockbuster settlement that may reshape the fundamental economics of college sports. Now, as discussed in the following guest post from Sarah Abrams, a group of professional tennis players, have filed a lawsuit in which they, too, allege their compensation has been suppressed, in this case by a “tennis cartel.” Sarah, who is Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the new lawsuit and considers the D&O insurance 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 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: Antitrust is Love

Sarah Abrams

The Trump administration, through the Federal Trade Commission (FTC), has made it clear that it will prioritize enforcement against false or misleading “Made in USA” claims. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the FTC’s Made in USA enforcement position, and considers the potential D&O insurance 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 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: Made in America

Sarah Abrams

For a variety of reasons, alternative fundraising vehicles are currently gaining in popularity. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a closer look at Equity Crowdfunding and RegA offerings and related potential liability 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 this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s guest post. Continue Reading Guest Post: GoFundMe Securities

Sarah Abrams

As I have noted in previous post on this site (most recently here), the Trump Administration’s tariff and trade policies not only pose potential operating and financial challenges to many businesses, but they may also present companies with corporate liability exposures as well. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, considers the liability risks that companies may face under the current tariff regime. 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 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: Whiplash

Sarah Abrams

In recent weeks, the business pages have been full of stories concerning the genomic testing company 23andMe, in particular with respect to privacy issues and the company’s bankruptcy. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, considers potential D&O liability issues that recent developments involving the company could raise. 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 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: 23andMe and D&O Liability