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