The filing of excessive fee litigation against plan fiduciaries is nothing new. However, according to a recent white paper, this type of litigation has entered a dangerous new phase, characterized by both heightened frequency and severity and affecting companies of all sizes. In this new phase, the risk of litigation has, according to the report, reached “unprecedented levels.” A copy of the report, written by Allison Barrett and Joel Townsend of AIG and entitled “Fiduciary Liability Insurance: Understanding the Rapid Rise of Excessive Fee Claims,” can be found here.
Continue Reading A New Wave of Excessive Fee Fiduciary Liability Litigation

John M. Orr

Though we are still early on in the Biden Administration’s tenure, it is already clear that ESG-related issues have emerged as a important point of focus and emphasis for the Administration. In the following guest post, John M. Orr, Directors & Officers Liability Product Leader for Willis Towers Watson,
takes a look at a number of the important implications of the Administration’s ESG focus. A version of this article previously appeared on the Willis Towers Watson website (here). I would like to thank John 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 John’s article.
Continue Reading Guest Post: Changes in ESG-Related D&O Risk in a New US Presidential Administration