In yet another one of his early morning messages, late last week President Donald Trump stirred up a squall by suggesting in a tweet that the SEC should study doing away with quarterly reporting requirements in favor of a system of semi-annual reports. The suggestion fits within the larger debate about whether or not reporting companies have an excessively short-term focus and the related but separate debate about whether regulatory requirements impose excessive costs on businesses. The idea of eliminating quarterly reporting raises a number of important issues, and may raise some important questions for the D&O insurance industry as well.
Continue Reading Is it Time to End Quarterly Reporting?

One of the most closely watched issues in the world of D&O is the extent to which cybersecurity-related issues will lead to liability for corporate directors and officers. In the following guest post, Tarun Krishnakumar, a New Delhi attorney qualified in India and California specializing on issues relating to emerging technology , takes a look at the corporate liability framework under Indian laws with respect to emerging cybersecurity exposures. I would like to thank Tarun 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 blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Tarun’s article.
Continue Reading Guest Post: Cybersecurity and D&O Liability: Emerging Concerns under Indian Law

Andrew G. Lipton
Laura Schmidt

Although a number of high-profile data breaches have led to D&O claims, so far the plaintiffs’ track record in these kinds of cases has been poor. However, as a result of a number of recent developments, there may be good reason for corporate directors and officers to be concerned about these kinds of claims going forward, as discussed in the following guest post by Andrew G. Lipton and Laura Schmidt, both associates at the White & Williams law firm. I would like to thank Andrew and Laura for submitting their article for publication as a guest post. 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 Andrew and Laura’s guest post.  
Continue Reading Guest Post: Breaching the Firewall: D&O Exposure from Cybersecurity Incidents

klein_dennis_web
Dennis Klein

The financial crisis generated a great deal of litigation, much involving the directors and officers of companies affected by the crisis. As the crisis recedes further into the past and as the litigation it generated winds down, it is worth taking a look at what happened to determine what can be learned from the litigation. In the following guest post, Dennis Klein of the Hughes Hubbard & Reed law firm provides an overview of what he views as the takeaways for corporate directors and officers from the financial crisis D&O litigation. A longer version of this article will appear in the April 2016 issue of The Review of Banking and Financial Services. I would like to thank Dennis for his willingness to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to readers of this site. Please contact me directly if you would like to submit a guest post. Here is Dennis’s guest post.
Continue Reading Guest Post: Seven Lessons Learned from D&O Litigation During the Financial Crisis  

homedepotAfter claimants filed shareholders’ data breach-related derivative suits against the boards of Target (here) and Wyndham Worldwide (here), a number of commentators (including me) asked whether we could see a wave of cybersecurity related D&O lawsuits. Interestingly, since these two lawsuits were filed more than a year ago, there have been

paA question that frequently recurs when I am speaking to directors and officers of non-profit organizations is why – given that their firms have no shareholders – they need to bother with D&O insurance. The reality is that even though officials at non-profit firms don’t have to worry about the possibility of shareholder claims, non-profit

 

burzinThe recent Satyam scandal and ensuing litigation put the duties of independent directors under scrutiny.  The recently enacted Companies Act of 2013 addressed a number of issues relating to the duties and liabilities of independent directors.  In the following guest post, Burzin Somandy of Somandy & Associates in Mumbai takes a look at the approach