Emerging risks

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Rising geopolitical tensions are having an impact across a wide variety of issues, including, in particular, issues having to do with the cross-border movement of people. These issues include changes within respect to immigration and visa policies. These changes not only affect the individuals involved but also companies whose business operations are connected in some way to immigration and visa issues. A recently filed securities lawsuit against a company whose money transfer business is directly linked to the cross-border movement of students for education and study shows not only how changing visa policies, for example, can not only affect companies’ operations and financial results but can also translate into securities litigation.Continue Reading Geopolitical Developments, Visa Policies, and D&O Risk

As part of my day job, I attend a lot of insurance conferences, including some in foreign venues. A frequent feature of these conferences is expert conjecture about areas of emerging liability risk. In recent years, one frequently discussed area of concern has been emerging liability issues arising from the use of GLP-1 drugs. Many readers will be familiar with the branded GLP-1 products such as Ozempic, for treatment of type 2 diabetes, and Wegovy, for weight loss treatment. There already are, in fact, growing numbers of product liability claims concerning GLP-1 drugs, as discussed below.  

I have long wondered whether D&O claims relating to GLP-1 drugs might also emerge. In an interesting development last week, plaintiff shareholders filed two separate GLP-1-related securities class action lawsuits against telehealth platform Hims & Hers Health, when the company’s share price plunged after Novo Nordisk, the manufacturer of Wegovy, pulled its agreement allowing Hims to distribute the drug on its platform. Although the allegations in the new lawsuits against Hims are arguably specific to Hims, the lawsuits nevertheless are securities suits relating to GLP-1 drugs. As discussed further below, I continue to believe that issues relating to GLP-1 drugs are a potential area of emerging D&O risk.  Continue Reading Thinking About GLP-1 Drugs and D&O Risk

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

Here at The D&O Diary, we cover the liabilities of corporate directors and officers. Geopolitical concerns are not typically part of our beat. But as we all finish up the year and get ready to start 2024, geopolitical concerns are necessarily part of what we are worried about in the current climate. That is true as a general matter and within the specific context of this blog; as the evidence has shown this year, geopolitical concerns have translated into corporate and securities lawsuits, and there is plenty to worry about for next year as well.Continue Reading Geopolitical Issues and D&O Risk Exposure

Whenever the discussion turns to the question of emerging risks, among the first topics to come up these days is artificial intelligence (AI). But just as AI technology itself is still taking shape, the legal risks that the emergence of AI may present are still forming as well. On October 30, 2023, in what is unquestionably a key step in the development of a regulatory and legal framework for the administration of AI, the White House issued an Executive Order on the development and use of AI. The Order, which is entitled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” can be found here. At a minimum, the Executive Order has important implications for AI-related corporate risk management. The order may also point toward the future development of regulatory and legal standards pertaining to AI, as well as the litigation risks that AI may present.Continue Reading Thinking About Emerging AI Risks

Francis Kean

Noona Barlow

On this site, I try to keep my readers up to date on the latest developments in the world of directors’ and officers’ liability and insurance. Every now and then, it is worth taking a step back and asking the basic questions, such as, what should directors know about their D&O insurance? The following guest post, written by Francis Kean and Noona Barlow, Partners in the Financial Lines team at McGill and Partners, in conjunction with Airmic, answer some of the basic questions. This Guide was originally published by Airmic to coincide with its 2021 annual conference and is available on its website. The article’s authors are based in the UK and so the article is written from a UK perspective, but many of the article’s insights are largely applicable in the US as well. I would like to thank the authors and Airmic for allowing me to publish this 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 the authors’ article.
Continue Reading Guest Post: Boardroom Guide to D&O Insurance

Over the last few days, as updates about the spread of the coronavirus have dominated the news cycle and roiled financial markets, I have had a number of conversations about whether the emerging coronavirus outbreak could result in D&O claims. There is no doubt that if a building fire, a plane crash, or an oil spill can result in D&O claims, the impacts on any given company arising from a global pandemic might at least as a theoretical matter also result in a D&O claim. As discussed below, there are a number of ways in which circumstances surrounding the evolving coronavirus health crisis might result in D&O claims.
Continue Reading The Risk of Coronavirus-Related D&O Claims?

The Illinois Biometric Information Privacy Act (BIPA) has been on the books for more than a decade. However, as a result of a January 2019 decision by the Illinois Supreme Court, the statute’s requirements and potential liabilities have become a much more serious concern. Moreover, a number of states have passed or are considering legislation similar to or designed to address the same concerns as the Illinois BIPA. This kind of privacy legislation represents a significant potential corporate liability exposure. As discussed further below, biometric data privacy-related claims present some complicated insurance coverage issues.
Continue Reading The Complicated Threat of Biometric Data Privacy Class Actions

Liam Fitzpatrick

As I have noted in a number of recent posts, the question of providing appropriate insurance solutions for cryptocurrency companies – particularly for companies about the complete an initial coin offering (ICO) – continues to be a significant challenge. In the following guest post, Liam Fitzpatrick, Head of Public Offerings Focus Group for Marsh in London, takes a look at the characteristics of an ICO company that could make the company a more acceptable risk to prospective insurers. A version of this article previously appeared on Marsh’s Risk in Context blog. I would like to thank Liam for his willingness to allow 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 Liam’s article.
Continue Reading Guest Post: Top Tips on Getting ‘Insurance Ready’ for an ICO