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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.

Geoffrey B. Fehling
Machaella Reisman

In the following guest post, Geoffrey B. Fehling and Machaella Reisman of the Hunton Andrew Kurth law firm,take a look at a recent Delaware federal court decision involving a D&O insurance coverage dispute in which one of the key issues was the timing of the policyholder’s declaratory judgment action against its excess insurers. A version of this article was previously published on the Hunton Insurance Recovery Blog. I would like to thank Geoff and Machaella for allowing me to publish their 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 the author’s article.Continue Reading Guest Post: Del. Court Tells Wiring Manufacturer It’s Too Early and Too Late

Sarah Abrams

Earlier this year, the parties to the consolidated antitrust litigation involving college athletes name, image, and likeness rights (NIL) entered a settlement. The settlement is generally referred to as the “House Settlement.” In the time since the settlement, there have been further developments raising questions about the settlement. Among those developments is that certain college athletes have raised objections to the settlement. In the following guest post, Sarah Abrams takes a look at the athletes’ objections and considers their management 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: Post-House Settlement Objection Liability

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