Photo of Kevin LaCroix

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.

John Orr

D&O liability insurance policies protect “officers.” But who is an officer? This is a question that insurers and policyholders have struggled with for years. More recently, questions about various new corporate roles and titles have emerged. In the following guest post, John Orr, D&O Liability Product Leader for Willis’s Financial and Executive Risk practice (FINEX), North America, examines the perennial question of who is an officer and proposes a new approach to the issue. The author wishes to express his thanks to his colleague, Lawrence Fine, for his the work they have done together on these issues. This article also appears in Willis’s FINEX Observer publication (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: Who is an “Officer”? It’s Time to Address This
Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at California’s recently enacted SB 53, state AI-related legislation concerning “large frontier developers,” and considers the legislation’s liability 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: California’s SB 53, AI, and D&O

The D&O Diary’s assignment to Asia continued this past week with a visit to Singapore, the prosperous city-state located at the Southern tip of the Malay peninsula in Southeast Asia. Singapore seamlessly blends sleek modernity with its multicultural heritage in a comfortable atmosphere full of color, life, and energy.

Continue Reading Singapore

The D&O Diary’s Asia assignment continued this past weekend with a first-time-ever visit to Bangkok, Thailand’s capital and largest city. Although the weather did not always cooperate during my visit, I did have a chance to see and experience this colorful, dynamic, and interesting city in all of its glorious and fascinating splendor.

Continue Reading Bangkok
Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty,, reviews a recent lawsuit challenging on constitutional grounds the SEC’s accredited investor requirements and considers the lawsuit’s potential 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: You’ve Got to Fight for Your Right to Invest
Burkhard Fassbach

In the following guest post, Burkhard Fassbach, a D&O lawyer in private practice in Germany, discusses the recent interesting development in German Courts with regards to the VW’s Dieselgate settlement with its D&O insurers. As discussed below, the relevant court has held that the settlement is “null and void” because, the court held, the proper processes were not followed in obtaining shareholder approval of the settlement. 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: Dieselgate Landmark Victory for VW Minority Shareholders
Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the D&O liability risks that can emerge when a company bundles products or services, as well as the costs that can be involved in defending companies from allegations of anticompetitive conduct. 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: Tied to a Birkin

The D&O Diary is on assignment in Asia this week, with a first stop in Mumbai, India’s financial capital. My stay in Mumbai was relatively short, just long enough to once again experience the city’s rich mixture of sights and sounds and sometimes almost overwhelming energy.

Continue Reading Mumbai
Doug Greene

In the following guest post, Doug Greene, Partner at the BakerHostetler law firm and Chair of the firm’s Securities and Governance Litigation Team, takes a look at the growing problems with the defense of securities litigation, including skyrocketing defense costs, and proposes some solutions to these problems. A version of this article previously was published on The D&O Discourse blog. I would like to thank Doug 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 Doug’s article.

Continue Reading Guest Post: The Future of Securities Litigation Defense
Sarah Abrams

Readers may be aware of Anthropic’s recent settlement of its high-profile AI copyright infringement case. The lawsuit and its settlement clearly involve important intellectual property issues. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, considers whether the lawsuit and its settlement may also point toward D&O liability and insurance issues as well. 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 submit a guest post. Here is Sarah’s article.

Continue Reading Guest Post: Is Claude the Next Napster?