In the following guest post, Sarah Abrams reviews the SEC’s recent updates to its Enforcement Manual and considers the directors’ and officers’ liability implications. 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: The SEC Updates its Enforcement Manual
While there have been dramatic developments in recent days related to the Trump administration’s tariff-policies – including the U.S. Supreme Court striking down the administration’s IEEPA tariffs and the Trump administration announcement of new across-the-board Section 122 tariffs – the uncertainty companies have faced related to the tariffs continues, and indeed may even have been exacerbated. A new securities suit filed earlier this week against Lakeland Industries, a company whose operations and financial results were impaired by “tariff headwinds,” illustrates how the continuing tariff uncertainty may translate into corporate and securities litigation in the weeks and months ahead. A copy of the February 23, 2026, Lakeland Industries complaint can be found here.
Continue Reading Protective Clothing Company Hit with Tariff-Related Securities Suit
The D&O Diary was on assignment in Europe last week, with a first stop in Dublin for client meetings, followed by a long weekend visit to Paris. February is not the best time to visit Europe, as it can be cold and dark, and on this visit both cities were kind of damp, as well. But notwithstanding the generally gloomy and occasionallly wet weather, it was a great visit overall.
Continue Reading Dublin and ParisFollowing the Supreme Court’s recent decision striking down President Trump’s IEEPA tariffs, many companies will now have to consider whether and how they might seek a refund. Indeed, the first of what undoubtedy will be many refund actions has already been filed. In the following guest post, Sarah Abrams examines the refund-related questions corporate executives now face, and considers the D&O risks involved. 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: Tariff Whiplash, Refund Strategy, and D&O Risk
Last Friday, the U.S. Supreme Court issued its much-anticipated ruling in the case challenging the tariffs President Trump imposed in reliance on the International Economic Emergency Powers Act (IEEPA). By a 6-3 majority, the Court ruled in Learning Resources v. Trump that the IEEPA does not authorize the President to impose tariffs. However, even though the Court has now ruled, questions and uncertainty remain. As discussed below, the continuing questions have important implications for companies’ tariff-related D&O risk. The Court’s February 20, 2026 opinion can be found here.
Continue Reading What Does the Supreme Court’s Tariffs Decision Mean?
In the following guest post, Darren Boomfield, Account Executive at Cogitate, takes a look that the director and officer liability and insurance considerations that can arise when companies participate in venture capital funding. My thanks to Darren for allowing me to publish his article on this site. Here is Darren’s article.
Continue Reading Guest Post: Venture Capital, Startup Liability, and D&O Insurance
It is no secret that SEC Chair Paul Atkins has ideas about how U.S. securities laws could be reformed to “revitalize” America’s capital markets. Among other things, late last year Atkins proposed a number of revisions to the current U.S. public company disclosure regime. Now, in a speech earlier this week, Atkins floated several additional proposed reforms, among other things referring to the possibility of loser-pays bylaws for shareholder suits and of a “safe harbor” for public company disclosures concerning widely publicized events. As discussed below, Atkins’s recent ideas have a long and relevant history. The text of Atkins’s February 17, 2026, speech can be found here.
Continue Reading SEC Chair Atkins Proposed Further Securities Litigation and Disclosure Reform
In the following guest post, Justin Bove, Chief Revenue Officer and Fiduciary Lead at Encore Fiduciary, reviews and analyses the ERISA fiduciary class action lawsuits filed in 2025. A version of this article previously was published on Encore’s Fid Guru Blog (here). My thanks to Justin for allowing me to publish his article on this site. Here is Justin’s article.
Continue Reading Guest Post: The State of ERISA Fiduciary Litigation in 2025Recent shifts in regulatory scrutiny, proxy-advisor guidelines, and institutional-investor practices are reshaping how boards, investors, and insurers navigate the governance risks associated with proxy advisor practices. These developments take on particular significance as companies head into the 2026 proxy season. In the following guest post, Sarah Abrams takes a look at these proxy advisory-related practices developments and considers their significance. 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: Proxy Power in Flux: Governance, Politics, and D&O Risk
In the following guest post, Megan Black, a D&O broker in the Financial Services Group at Aon, reviews and analyzes how private company D&O insurance policies address legal defense costs. This overview highlights the key differences between Duty to Defend and Reimbursement approaches. The original article was previously published on the AON Financial Services Group’s web presence and can be found here. My thanks to Megan for allowing me to publish her article as a guest post on this site. Here is Megan’s article.
Continue Reading Guest Post: Optimizing D&O Policies for Private and Nonprofit Firms