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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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Mayme Donahue

In recent months, the SEC’s position with respect to AI regulation and enforcement has emerged, with important implications for reporting companies. In the following guest post, Mayme Donohue, a partner in the Hunton Andrews Kurth law firm takes a detailed look at the SEC’s emerging approach and provides specific pointers for reporting companies’ AI-related disclosures. I would like to thank Mayme for allowing me to publish her article as a guest post on this site. Here is Mayme’s article.Continue Reading Guest Post: AI, the SEC, and the 2026 Reporting Season

As noted in prior posts on this site, trouble recently has been brewing in the private credit market. Borrower defaults have led to bankruptcies, civil lawsuits, and even criminal indictments. D&O litigation has now arrived on the lender side as well, as earlier this week an investor filed a securities class action lawsuit against BlackRock TCP Capital Corp, the private credit arm of finance giant BlackRock. As discussed below, the new lawsuit highlights the ways in which the current turbulence in the private credit sector can translate into D&O claims, including in particular claims against private credit lenders. A copy of the BlackRock TCP Capital complaint can be found here. Continue Reading Private Credit Lending Firm Hit with Securities Suit

The filing of AI-Washing related securities suits is by now a well-established phenomenon. But a securities suit filed earlier this week presents an interesting new variant on this phenomenon. The new lawsuit alleges that the defendant company used the announcement of a supposed AI-related “collaboration” with Microsoft allegedly to “pump” the company’s share price just before disclosing an at-the-market private placement. As discussed below, the new lawsuit is just the latest in a recent series of securities class action lawsuits alleging share price pumping schemes.Continue Reading Securities Suit Alleges AI-Washing Stock Price “Pump”

Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, reviews the latest developments in SPAC-related Delaware Chancery Court proceedings, in light of the recent resurgence in SPAC transactions in the financial marketplace. 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: Delaware Court Allows Core De-SPAC Fiduciary Duty Claims to Proceed

Edgar A. Neely IV
Scott N. Sherman

The arrival of a securities class action lawsuit can be and often is a watershed moment in the life a public company. In the following guest post, Edgar A. Neely IV and Scott N. Sherman provide a basic briefing for directors concerned about securities litigation. Edgar and Scott are both partners at the Nelson Mullins law firm. I would like to thank Edgar and Scott for allowing me to publish their article on this site. Here is the authors’ article.Continue Reading Guest Post: New Year’s Primer for Directors: Things to Know About Shareholder Litigation

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 risks that can arise from crypto-adjacent firms’ use “liquidity pools,” in view of the D&O claims involving the bankrupt digital token firm, SafeMoon. 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: Liquidity Pool Fraud and D&O Risk

It is no secret that the SEC under the Trump Administration is taking a very different approach to cryptocurrency than the agency did under the Biden Administration. Indeed, a detailed December 2025 New York Times article (here) made it clear – if there were any doubt — that the administration’s more restrained approach to crypto starts at the very top. But what does the more restrained crypto approach mean in practical terms? A January 22, 2026, report from Cornerstone Research, which can be found here, spells out in detail what it means, both in terms of reduced numbers of crypto-related enforcement actions and in diminished crypto-related recoveries.Continue Reading SEC: Less Crypto Enforcement, Lower Crypto Recoveries

Sarah Abrams

The current private credit market turmoil has involved a number of high-profile company failures and ensuing D&O claims. In the following guest post, Sarah Abrams takes a closer look at one recent example of these developments — the bankruptcy of Tricolor Holdings and the ensuing criminal indictment — and considers the broader potential D&O liability and insurance implications. My thanks to Sarah for allowing me to publish her article on this site. Here is Sarah’s article.Continue Reading Guest Post: The Collision of Asset-Based Lending and Governance Failures

Questions whether two sets of circumstances are or are not interrelated are among the most vexing insurance coverage disputes out there. These questions often are even more fraught because of the significant amounts of money that can depend on the answer. All of these considerations were in play in a recent Fourth Circuit decision in which the appellate court concluded in the Under Armour case that because prior shareholder litigation and a later SEC investigation were “logically and causally” related, they represented a single claim triggering only one $100 million insurance tower, rather than a second $100 million tower, as the company had argued. The Court’s January 20, 2026, decision, which highlights the many concerns and considerations that can come into play in these kinds of disputes, can be found here.Continue Reading 4th Circuit: Shareholder Claims and SEC Investigation “Logically and Causally” Related