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Emma Bailey
James Parsons

As this blog’s readers know, AI is not only an emerging technological phenomenon it is also a potentially disruptive source of D&O risk and liability. In the following guest post, Emma Bailey and James Parsons, take a look at the contours of the developing AI-related D&O risk and discuss the implications. Emma is Senior Underwriter, Commercial Management Liability, Berkshire Hathaway Specialty Insurance, London, and James is Senior Claims Examiner, Executive & Professional Liability, Berkshire Hathaway Specialty Insurance, London. I would like to thank James and Emma for allowing me to publish their article as a guest post on this site. 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 the authors’ article.Continue Reading Guest Post: Is AI Reshaping D&O Litigation?

Since the outset of President Trump’s efforts to conduct trade policy through an active use of tariffs, I have been concerned about the possibility of tariff-related corporate and securities litigation. Inevitably, I have been concerned, investors will say that companies tried to soft-pedal the likely impact of tariffs on the companies’ financial results. But while…

In the following guest post, Ed Whitworth, the Head of Financial Lines at Inigo, and Yera Patel, Head of Casualty & Financial Lines Claims and Analytics for Inigo, summarize the results of a recent survey Inigo conducted of U.S. securities litigation defense counsel. The original of the survey summary previously was published on Inigo’s blog, here. I would like to thank Ed, Yera, and Inigo for allowing me to publish the report summary on this site. I welcome guest post submissions from responsible authors on topics of interest to the 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: Inigo’s 2025 Defense Counsel Survey

Regular readers undoubtedly have noticed that I have been writing a lot lately about the False Claims Act (FCA). That is because the Trump Administration has decided to deploy the FCA as one of its principal legal tools to enforce and advance its policy objectives. Insurers wondering what the administration’s enforcement approach may mean for their claims portfolios may want to take a look at the securities class action lawsuit recently filed against online insurance broker SelectQuote. The company, whom the DOJ sued in May in a False Claims Act suit alleging the company received “illegal kickbacks” from insurers, has now been hit with a follow-on securities suit relating to the FCA allegations. As discussed below, the new follow-on lawsuit suggests that D&O insurers will want to consider the implications of the administration’s active deployment of the FCA as an enforcement tool. A copy of the August 11, 2025, lawsuit against SelectQuote can be found here.Continue Reading False Claims Act Defendant Hit with Follow-On Securities Suit        

In a recent study about securities class action lawsuit filings in the first six months of 2025, NERA reports that first half filings represented a tale of two quarters, with the first quarter filings representing the highest quarterly number in five years, and the second quarter filings represented the lowest quarterly filing number in five years. The report, which is entitled “Recent Trends in Securities Class Action Litigation: H1 2025 Update,” and which can be found here, includes a number of other interesting observations, as discussed below.Continue Reading NERA Reports on 1H25 Federal Court Securities Class Action Lawsuit Filings

Regular readers may recall my recent post in which I discussed the possibility of an emerging trend of D&O claims related to GLP-1 drugs. GLP-1 drugs are sold under manufacturers’ brand names as weight loss and obesity treatments – such as, for example Ozempic for treatment of diabetes, and Wegovy for weight loss treatment. In my prior post, I discussed a recent example of a GLP-1-related D&O claim, a securities class action lawsuit against the telehealth platform Hims & Hers Health.

In a new lawsuit that represents yet another example of a GLP-1-related D&O claim, a plaintiff shareholder has launched a securities suit against the Danish drug company, Novo Nordisk, based on the company’s alleged misrepresentations concerning its ability to capitalize on the overall GLP-1 market. As also discussed further below, in the course of my research for this post, I also uncovered yet another GLP-1 D&O claims as well.Continue Reading More About GLP-1 Drugs and D&O Risk

Recent securities class action lawsuit filing analyses have noted (as discussed, for example here), that the number of COVID-related securities suit filings has declined so far this year relative to last year. Arguably the more interesting observation is that these lawsuits are being filed at all in 2025, now well over five years since the initial outbreak of COVID-19 in the United States. In the latest example of the continued filing of these kinds of suits, late last week, a plaintiff shareholder filed a securities class action lawsuit against Lineage, a cold storage focused real estate investment trust (REIT). The complaint alleges that in the run-up to the company’s July 2024 IPO, the company soft-pedaled the impact of the downturn of pandemic-driven demand. The new complaint against Lineage can be found here.Continue Reading REIT Hit With COVID-Related Securities Suit

The number of securities class action lawsuits filed in the first six months of 2025 was roughly level with the number of securities suits filed in the second half of 2024, according to a new report from Cornerstone Research. The number of suits filed in the first half of 2025 is also roughly level with the historical semiannual average number of filings. The July 30, 2025, report, which Cornerstone Research produced in conjunction with the Stanford Law School Securities Class Action Clearinghouse, is entitled “Securities Class Action Filings: 2025 Midyear Assessment,” can be found here. Cornerstone Research’s July 30, 2025, press release regarding the report can be found here.Continue Reading Cornerstone Research: Securities Suit Filings Steady in Year’s First Half

Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the D&O underwriting issues associated with Real Estate Investment Trusts (REITs), in the context of a pending securities class action lawsuit involving a cannabis-focused REIT. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. 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 Sarah’s article.Continue Reading Guest Post: High on REITs

In my recent write-up about the number of securities class action lawsuit filings in the first half of 2025, I noted that there had been a significant drop off in the number of COVID-19-related securities suit filings in the first six months of 2025 compared to last year. The interesting thing is that though there has been an unmistakable drop off in the number of COVID-related securities suit filings, the fact is that now – even after more than five years since the initial COVID outbreak in the U.S. — new COVID-related securities suits are still being filed. In the latest example, late last month a shareholder filed a securities suit against Petco Health and Wellness, alleging the pet supply company had misleadingly contended that the company’s pandemic-related tailwinds could be sustained post-pandemic. A copy of the new Petco complaint can be found here.Continue Reading Pet Supply Company Hit with COVID-Related Securities Suit