Delaware courts recently have wrestled with the question whether and when underlying allegations of sexual harassment can support a breach of fiduciary duty claim against corporate boards. Indeed, late last year, in the Credit Glory case, at least one Delaware Chancery Court decision rejected the viability of this type of claim. Now, in the latest case addressing these questions, and involving shocking underlying allegations of drugging, sexual assault, and rape at company events, a Delaware Chancery Court sustained a breach of the duty of oversight claim against directors alleged to have covered up the underlying allegations and retaliated against a whistleblower. The court’s detailed opinion is written in obvious anticipation of Supreme Court review. The January 16, 2026, opinion in the eXp World Holdings case can be found here.

Continue Reading Del. Court: Board Failed to Respond to Sexual Misconduct “Red Flags”

Just before New Year’s Day, I published my top travel pictures of 2025 and I also separately published my favorite travel hacks, while at the same time I invited readers to send in their own favorite travel pictures and travel hacks, for publication on this site. I am happy to report that many readers responded to the call, and I am also happy to set out below readers’ top pictures and travel hacks. The pictures are amazing!

Continue Reading Readers’ Travel Pictures and Travel Hacks
JJ Chan

In the following guest post, my good friend JJ Chan takes a look at some key principles of Malaysian corporate law, including important appellate cases interpreting the Business Judgement Rule under Malaysian law. JJ is the Managing Partner of the Chan Ban Eng law firm in Malaysia. I would like to thank JJ for allowing me to publish his article on this site. Here is JJ’s article.

Continue Reading Guest Post: Business Judgment Rule in Malaysian Corporate Law
Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, explores the extent to which underwriting risks and even claims exposures can arise when a company founder or former executive publicly criticizes his or her former company. I would like to thank Sarah for allowing me to publish her article at a guest post on this site. Here is Sarah’s article.

Continue Reading Guest Post: Founder Fights

In my recent year-end roundup of the top D&O stories of 2025, one key topic I noted was the significance of AI-related corporate and securities litigation during the year. 2026 has only just started, but it already seems likely that AI-related litigation will be an important theme again in the new year, as well. In the latest example of this phenomenon, earlier this week a plaintiff shareholder filed a securities class action lawsuit against AI infrastructure company CoreWeave. As discussed below, there are a number of interesting features to this latest lawsuit. A copy of the January 12, 2026, CoreWeave complaint can be found here.

Continue Reading AI Infrastructure Company Hit with AI-Related Securities Suit
Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the way in which companies’ operations and disclosures about safety issues  can translate into securities litigation. 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: Rollercoaster

I am calling out to all readers to consider sending me their top travel pictures from 2025, as well as a description of their top travel hacks. As at least some of you will recall, over the holidays I posted my own top travel pictures from 2025 (here), as well as, separately, my top travel hacks, gripes, and likes (here). I also invited readers to send in their top 2025 travel pictures as well as their key travel hacks, with a promise to publish the pictures and hacks in a later post on this site. In response to my request, I did receive a few pictures and a few travel hack suggestions, but I would like more! So I am calling all readers who had noteworthy travel experiences during 2025 to send along their travel pictures to me, and calling on everyone to send in their favorite travel hacks. I will publish them all in a future post. Please send the pics and hacks along to me at kevin.lacroix@rtspecialty.com. Please be sure to include a short description with your pictures so that I can be sure to identify them correctly in the readers’ pictures post. I look forward to seeing your pictures!

Continue Reading Calling for Readers’ Travel Pics and Travel Hacks

The U.S. Supreme Court only rarely agrees to take up consideration of cases involving securities law issues, so it was a noteworthy event when the Court agreed late last week to take up a case involving the SEC’s enforcement powers. As discussed below, the case involves questions of what the SEC has to prove in order to secure disgorgement from alleged wrongdoers. The Court’s ruling in the case, which is captioned Sripetch v. SEC, will address a split in the Circuit Courts on the question of whether the SEC must prove that investors were harmed by the wrongdoers’ acts in order to obtain disgorgement.

Continue Reading Supreme Court Agrees to Consider SEC’s Disgorgement Remedy Rights

Because so many of you were out of the office or away from your desks last week, I am posting a reminder that, along with my colleagues Marissa Streckfuss and Chris Bertola, I will be hosting a free, one-hour seminar on The Top Ten D&O Stories of 2025 on Thursday, January 15, 2026 at 11:00 am EST. In the webinar, we will be discussing the top developments in the World of D&O during 2025, including AI, the Trump Administration’s Tariff Policies, the impact of changes at the SEC, cybersecurity, ESG, DEI and DExit. Registration for the webinar can be found here. I hope all of you can join us. My Top Ten D&O Stories of 2025 blog post can be found here.

Please also be sure to see my post below about the Trump administration’s use of the False Claims Act in support of its campaign against “illegal DEI.”

The Trump Administration has already shown that it intends to use the False Claims Act (FCA) as one of the primary tools in its arsenal to enforce its policy priorities. For example, as discussed in prior posts on this site (most recently here), the administration is actively using the FCA to enforce its tariff policies. In the latest demonstration that the FCA may now be the administration’s preferred enforcement tool, the administration appears to be actively gearing up to use the FCA as a primary weapon in its campaign against “illegal DEI,” in an apparent use of the FCA commentators agree would be, at a minimum, “novel.” The administration’s use of the FCA for these purposes could pose significant challenges for companies — and their insurers.

Continue Reading The Trump Administration Use of the False Claims Act in Anti-DEI Campaign