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Kevin LaCroix

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Kevin M. LaCroix is an attorney and Executive Vice President, RT ProExec, a division of RT Specialty. RT ProExec is an insurance intermediary focused exclusively on management liability issues.

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When I was in London last week, one of my friends there expressed concern that the various Epstein-related revelations involving company executives might lead to D&O claims. I confess that at the time I didn’t really see her point. However, as it has turned out, just days after that conversation, investors filed a new securities suit against Apollo Global Management and its founder and former CEO Leon Black based on Epstein-related allegations. The March 2, 2026, complaint (here) alleges that the defendants misled the company’s investors about the firm’s business dealing with convicted sex offender Jeffrey Epstein.Continue Reading Epstein Disclosures-Related Securities Suit Filed Against Apollo, Leon Black

Salvatore Graziano

As readers may recall, in September, the SEC announced that it had revised its policy on whether prospective IPO companies may have their registration statement declared effective if the companies have mandatory arbitration bylaws, as discussed in detail here. In the following guest post, Salvatore Graziano, a partner in the Bernstein Litowitz Berger & Grossman LLC law firm and a member of the firm’s Executive Committee, provides his views on the SEC’s changed policy and suggests the implications the changed policy may have for D&O insurers. My thanks to Sal for allowing me to publish his article on this site. Here is Sal’s article.Continue Reading Guest Post: Will Allowing Companies to Block Shareholder Suits Create a D&O Mess?

Lloyd’s, 1 Lime Street

The D&O Diary’s European assignment continued this past week with a stop in London, the U.K.’s capital and largest city. Although my time in London was largely devoted to business meetings, I did have some time to look around the city a little bit, and to take advantage of a couple of days of pleasant weather.Continue Reading London

For nearly 20 years, The D&O Diary has brought you timely articles discussing important topics from the world of corporate directors’ and officers’ liability and insurance. After nearly two decades, the time for a change has come. The D&O Diary is proud to announce the first-time ever appointment of a blog Co-Author. The new Co-Author…

Sarah Abrams

In the following guest post, Sarah Abrams reviews the SEC’s recent updates to its Enforcement Manual and considers the directors’ and officers’ liability implications. My thanks to Sarah for allowing me to publish her article as a guest post on this site. Here is Sarah’s article.

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On February 24, 2026, the SEC…

While there have been dramatic developments in recent days related to the Trump administration’s tariff-policies – including the U.S. Supreme Court striking down the administration’s IEEPA tariffs and the Trump administration announcement of new across-the-board Section 122 tariffs – the uncertainty companies have faced related to the tariffs continues, and indeed may even have been exacerbated. A new securities suit filed earlier this week against Lakeland Industries, a company whose operations and financial results were impaired by “tariff headwinds,” illustrates how the continuing tariff uncertainty may translate into corporate and securities litigation in the weeks and months ahead. A copy of the February 23, 2026, Lakeland Industries complaint can be found here.Continue Reading Protective Clothing Company Hit with Tariff-Related Securities Suit

Notre-Dame de Paris

The D&O Diary was on assignment in Europe last week, with a first stop in Dublin for client meetings, followed by a long weekend visit to Paris. February is not the best time to visit Europe, as it can be cold and dark, and on this visit both cities were kind of damp, as well. But notwithstanding the generally gloomy and occasionallly wet weather, it was a great visit overall.Continue Reading Dublin and Paris

Sarah Abrams

Following the Supreme Court’s recent decision striking down President Trump’s IEEPA tariffs, many companies will now have to consider whether and how they might seek a refund. Indeed, the first of what undoubtedy will be many refund actions has already been filed. In the following guest post, Sarah Abrams examines the refund-related questions corporate executives now face, and considers the D&O risks involved. 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: Tariff Whiplash, Refund Strategy, and D&O Risk

Last Friday, the U.S. Supreme Court issued its much-anticipated ruling in the case challenging the tariffs President Trump imposed in reliance on the International Economic Emergency Powers Act (IEEPA). By a 6-3 majority, the Court ruled in Learning Resources v. Trump that the IEEPA does not authorize the President to impose tariffs. However, even though the Court has now ruled, questions and uncertainty remain. As discussed below, the continuing questions have important implications for companies’ tariff-related D&O risk. The Court’s February 20, 2026 opinion can be found here.Continue Reading What Does the Supreme Court’s Tariffs Decision Mean?

Darren Bloomfield

In the following guest post, Darren Boomfield, Account Executive at Cogitate, takes a look that the director and officer liability and insurance considerations that can arise when companies participate in venture capital funding. My thanks to Darren for allowing me to publish his article on this site. Here is Darren’s article.Continue Reading Guest Post: Venture Capital, Startup Liability, and D&O Insurance