Since the outset of President Trump’s efforts to conduct trade policy through an active use of tariffs, I have been concerned about the possibility of tariff-related corporate and securities litigation. Inevitably, I have been concerned, investors will say that companies tried to soft-pedal the likely impact of tariffs on the companies’ financial results. But while
On August 20, 2025, in a ruling that will be of particular interest to insurance industry professionals, the Third Circuit reversed vacated a trial court’s summary judgment ruling in favor of the defendants in the securities class action lawsuit pending against Bermuda reinsurer Maiden Holding, Ltd. The decision provides interesting insight into the application of the U.S. Supreme Court’s holding in the Omnicare case, with particular reference to alleged omissions in connection with insurance company loss reserves. The Third Circuit’s August 20, 2025, opinion can be found here.Continue Reading Insurer Loss Reserves and Securities Suit Omissions Allegations
What are the disclosure obligations of a publicly traded company when the CEO is ill? That is the question raised in a new securities class action lawsuit filed on August 22, 2025, against C3.ai, in which the plaintiffs allege that the defendants insufficiently disclosed the seriousness of and potential impact from the illness of
In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the recent dismissal of a securities class action lawsuit arising out of a failed merger, and considers the implications for the dismissal, particularly with respect to securities suits involving SPAC transactions. I would like to thank Sarah for allowing me to publish her article 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: Standing, Scienter, and SPAC Exposure
The cascade of consequences that followed in the aftermath of the recent Coldplay Concert scandal, in which Andy Byron, the CEO of Astronomy, was caught on Kiss-Cam embracing a woman not his wife (and who was at the time also an executive at the same company), represents a very high-profile example of the complications that can arise from the public conduct or misconduct of a company’s CEO. These problems are all magnified when the CEO involved is synonymous with the company they lead. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at a recently filed securities class action lawsuit that followed in the wake of a company’s announcement that its CEO was departing after a conduct and ethics investigation. 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 proposed guest post. Here is Sarah’s article.Continue Reading Guest Post: Illuminating
In the following guest post, Ed Whitworth, the Head of Financial Lines at Inigo, and Yera Patel, Head of Casualty & Financial Lines Claims and Analytics for Inigo, summarize the results of a recent survey Inigo conducted of U.S. securities litigation defense counsel. The original of the survey summary previously was published on Inigo’s blog, here. I would like to thank Ed, Yera, and Inigo for allowing me to publish the report summary 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 the authors’ article. Continue Reading Guest Post: Inigo’s 2025 Defense Counsel Survey
Regular readers undoubtedly have noticed that I have been writing a lot lately about the False Claims Act (FCA). That is because the Trump Administration has decided to deploy the FCA as one of its principal legal tools to enforce and advance its policy objectives. Insurers wondering what the administration’s enforcement approach may mean for their claims portfolios may want to take a look at the securities class action lawsuit recently filed against online insurance broker SelectQuote. The company, whom the DOJ sued in May in a False Claims Act suit alleging the company received “illegal kickbacks” from insurers, has now been hit with a follow-on securities suit relating to the FCA allegations. As discussed below, the new follow-on lawsuit suggests that D&O insurers will want to consider the implications of the administration’s active deployment of the FCA as an enforcement tool. A copy of the August 11, 2025, lawsuit against SelectQuote can be found here.Continue Reading False Claims Act Defendant Hit with Follow-On Securities Suit
In the following guest post, Sarah Abrams considers the potential D&O liability and insurance implications of a class action lawsuit Meta’s social media platform users recently brought against the company alleging that advertisements on the company’s sites enabled a stock manipulation scheme. 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 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: When Fraud Leads to Fraud
In a recent study about securities class action lawsuit filings in the first six months of 2025, NERA reports that first half filings represented a tale of two quarters, with the first quarter filings representing the highest quarterly number in five years, and the second quarter filings represented the lowest quarterly filing number in five years. The report, which is entitled “Recent Trends in Securities Class Action Litigation: H1 2025 Update,” and which can be found here, includes a number of other interesting observations, as discussed below.Continue Reading NERA Reports on 1H25 Federal Court Securities Class Action Lawsuit Filings
Regular readers may recall my recent post in which I discussed the possibility of an emerging trend of D&O claims related to GLP-1 drugs. GLP-1 drugs are sold under manufacturers’ brand names as weight loss and obesity treatments – such as, for example Ozempic for treatment of diabetes, and Wegovy for weight loss treatment. In my prior post, I discussed a recent example of a GLP-1-related D&O claim, a securities class action lawsuit against the telehealth platform Hims & Hers Health.
In a new lawsuit that represents yet another example of a GLP-1-related D&O claim, a plaintiff shareholder has launched a securities suit against the Danish drug company, Novo Nordisk, based on the company’s alleged misrepresentations concerning its ability to capitalize on the overall GLP-1 market. As also discussed further below, in the course of my research for this post, I also uncovered yet another GLP-1 D&O claims as well.Continue Reading More About GLP-1 Drugs and D&O Risk