One of the important ways that a U.S. President can maintain influence long after his or her term of office has ended is through exercise of the judicial appointment power. Because federal judges enjoy lifetime tenure, the judges he or she appoints determine legal outcomes for decades after the end of the President’s administration.

When President Trump took office again in January, he arrived with a judicial appointment track record from his first administration. He had appointed generally well-pedigreed judges that enjoyed the support and even the backing of the conservative Federalist Society. Now, in his second administration, where many of his Presidential initiatives are facing judicial challenges, Trump has soured on his first term appointments and turned on the Federalist Society. He has also adopted a transparently political approach to judicial appointments. Trump’s changed approach to judicial appointments could have significant implications for legal developments for decades to come.Continue Reading Trump 2.0 and the Judicial Appointment Power

Those trying to gauge what Trump 2.0 means for directors’ and officers’ liability will want to read the Wall Street Journal’s April 13, 2025, article entitled “Trump Administration Retreats from White-Collar Criminal Enforcement” (here). The article contains statements of large law firm partners expressing their anxiety that the administration’s approach to white-collar crime prosecution will mean “significant slowdown” in law firm revenue from criminal defense work. But what may be bad news for law firms could be good news for corporate executives, because the Trump administration’s approach may mean corporate executives could face a reduced risk of criminal prosecution, at least for certain kinds of criminal allegations.Continue Reading Do Trump Admin Policies Mean Reduced Risk of White-Collar Prosecutions?

The directors’ and officers’ liability environment is always changing, but 2024 was a particularly eventful year, with important consequences for the D&O insurance marketplace. The past year’s many developments also have significant implications for what may lie ahead in 2025 – and possibly for years to come.  I have set out below the Top Ten D&O Stories of 2024, with a focus on future implications. Please note that on Wednesday, January 15, 2025 at 11:00 AM EST, my colleagues Marissa Streckfus, Chris Bertola, and I will be conducting a free, hour-long webinar in which we will discuss The Top Ten D&O Stories of 2024. Registration for the webinar can be found here. I hope you can join us for the webinar.Continue Reading The Top Ten D&O Stories of 2024