Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at important questions that are arising in litigation challenging Trump administration acts with regard to “DEI” — including one judge’s question about what exactly DEI is. The administration’s answer to the question could have important implications for companies, as discussed below. 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: What is DEI?

Among the many executive orders launched at the outset of the current Trump administration was the January 23, 2025 Executive Order that declared the administration’s commitment to maintaining the U.S. at the “forefront of artificial intelligence (AI) innovation.” The Executive Order set out the administration’s commitment to removing policies and directives that “act as barriers to American AI innovation.”

The Executive Order meant a variety of things when it referred to removing barriers, and the statement does at least raise the question about what the administration’s – and in particular, the SEC’s – enforcement approach to AI will be, if the goal is to remove barriers. As discussed below, there are signs to suggest that the administration will continue to monitor and address AI-related misrepresentations, notwithstanding its commitment to removing barriers to AI innovation.  

Continue Reading What About AI-Related Enforcement Under the Trump Administration?

Two decisions last week by the New York Court of Appeals – New York’s highest court – may represent the end of plaintiffs’ lawyers’ recent attempts to turn the state’s courts into a focal point for derivative litigation involving non-U.S. companies. Both of the Court’s decisions affirmed the dismissals of derivative suits that had been filed in New York state court against directors of non-U.S. companies — Barclays and Bayer, respectively — asserting claims against them under their respective home countries’ laws. A copy of the court’s May 20, decision in the Barclays case can be found here. A copy of the court’s May 20 decision in the Bayer case can be found here.

Continue Reading NY’s Highest Court Affirms Dismissals of Derivative Suits Involving Non-US Companies

In order to try to stem the supposed tide of Delaware corporations reincorporating in other states (particularly Texas and Nevada), Delaware recently enacted a set of revisions to its corporate law. Whether or not the legislative changes are sufficient to reduce the number of so-called “DExits” remains to be seen. But the other states are not just standing by idly waiting to see what happens. They have been at work in their own corporate law laboratories. As discussed below, the legislatures of both Texas and Nevada have in recent days both passed significant revisions to their respective corporate laws. The changes not only represent significant shifts in the corporate law arena, but also could entail significant changes in the corporate litigation world, as well.

Continue Reading Delaware Amended Its Corporate Laws, So Texas and Nevada Did, Too
Sarah Abrams

Litigation funding as a topic has been around for years, but it recently has been back in the headlines of the business pages. In light of the recent renewed focus on litigation funding, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, explores the background regarding litigation finance and considers the implications for D&O insurers. 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 for 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: Litigation Finance (Litigation Funding)

It has been my privilege over the years to participate in insurance industry conferences and events, including conferences and events concerned with topics far outside my usual management liability insurance turf. One of the recurring themes that comes up in these industry events is the wide-spread concern about potential liability exposures associated with PFAS – the large group of synthetic chemicals often referred to as “forever chemicals.” There is already extensive existing litigation relating to companies’ manufacture, use, and distribution of PFAS, much of it relating to environmental and consumer product safety concerns.

Among the PFAS-related litigation risks that many companies may face, in addition to the environmental and consumer product PFAS-related litigation concerns, is the risk of PFAS-related corporate and securities litigation. As discussed below, there have already been PFAS-related securities class action lawsuits, and the possibility of further litigation of this type may represent a significant litigation risk for many other companies.

Continue Reading Thinking About PFAS-Related Corporate and Securities Litigation Risk
John Orr

As I noted at the time, in late March, the Delaware legislature enacted important revisions to the state’s General Corporations Law. In the following guest post, John Orr, D&O Liability Product Leader for WTW’s FINEX practice, North America, takes a look at the new law and considers the D&O liability and insurance implications. This arrticle first appeared in WTW’s FINEX Observer publication (here) and was republished by the Harvard Law School Forum on Corporate Governance (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: Changes in Delaware Corporate Law: A D&O Liability and Insurance Perspective
Sarah Abrams

The recent news that Warren Buffett is stepping down as Berkshire Hathaway’s CEO has drawn the attention of the business pages around the world. But along with Buffett’s move, there have been other CEO-related developments that have attracted the attention of the corporate and securities world, including with respect to Tesla CEO Elon Musk. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines these CEO moves and considers their 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 the blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.

Continue Reading Guest Post: CEOs and Board Liability 
Burkhard Fassbach

As this blog’s readers know, DEI as a topic has proven to be a high priority under the new Trump administration. The administration’s approach to DEI is important not only for domestic U.S. companies, but also for multinational companies with U.S. subsidiaries. In the following guest post, Burkhard Fassbach examines the DEI-related issues for multinational companies. Burkhard is a D&O lawyer in private practice in Germany. 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: What Multinational Corporations Should Know About DEI Risks in the US