Sarah Abrams

Choice of law considerations in litigation can sometimes be outcome determinative. In the following guest post, Sarah Abrams takes a look at a distinctive statutory defense that may be available to derivative litigation defendants when Massachusetts law applies and considers the D&O insurance underwriting 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: Massachusetts as a Safe Harbor from Derivative Suits

One of the recurring D&O insurance coverage issues is the question of the extent of the preclusive effect of professional services exclusions. These issues can be particularly acute in connection with service businesses, as just about every activity of these businesses involves their performance of services in some way. In a recent Northern District of Ohio decision, the Court, applying Ohio law, rejected an insurer’s attempt to extend an exclusion to preclude coverage for all of the activities alleged in the underlying lawsuit, saying that such an interpretation is not only inconsistent with the underlying allegations but also would impermissibly render coverage under the policy illusory. A copy of the court’s June 24, 2025, opinion can be found here.

Continue Reading Court Rejects Overly Broad Application of Services Exclusion
Michael W. Peregrine

One of the most important elements of corporate governance is the structure of the relationship between the CEO and the Board of Directors. In the following guest post, Michael W. Peregrine of the McDermott Will & Emery law firm analyses a recent report from the National Association of Corporate Directors (NACD) suggesting an approach for companies to take to ensure a collaborative relationship between CEOs and their companies’ boards. I would like to thank Michael 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 Michael’s article.

Continue Reading Guest Post: Important New Guidance On The Board/Management Relationship

In 2023, China introduced a number of significant revisions to its Company Law. Among other things, the revisions introduced a number corporate governance and liability reforms. According to a October 9, 2025 memo from the Hogan Lovells law firm, which can be found here, the legal reforms are among several factors contributing to “particularly sharp increases” in the number of D&O claims in China. According to the memo, these developments present D&O insurers with both “challenges and opportunities.”

Continue Reading China’s Legal Reforms Fuel Increase in D&O Claims, Interest in D&O Insurance
Sarah Abrams

 Among the many concerns arising from the increasing prevalence of cryptocurrency are the problems and risks associated with the fact that the liquidity and value of cryptocurrencies fluctuate over time. To illustrate the kinds of liability risks this fluctuation can lead to, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, reviews a recent set of circumstances in which Stoli Group USA, LLC sought to settle a secured debt liability by payment of another kind of alternative asset with fluctuating valuation – in this case, 35,000 barrels of unfinished bourbon. Sarah considers the potential implications from the Stoli case for companies with crypto treasury assets. 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: Shot of Crypto
Emma Bailey
James Parsons

As this blog’s readers know, AI is not only an emerging technological phenomenon it is also a potentially disruptive source of D&O risk and liability. In the following guest post, Emma Bailey and James Parsons, take a look at the contours of the developing AI-related D&O risk and discuss the implications. Emma is Senior Underwriter, Commercial Management Liability, Berkshire Hathaway Specialty Insurance, London, and James is Senior Claims Examiner, Executive & Professional Liability, Berkshire Hathaway Specialty Insurance, London. I would like to thank James and Emma 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 authors’ article.

Continue Reading Guest Post: Is AI Reshaping D&O Litigation?
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