In recent months, much of the discussion of ESG issues has focused on the impact of the ESG backlash. However, the predominance of the backlash movement in the current ESG discussion does not mean that interest in addressing ESG-related
Kevin LaCroix
Kevin M. LaCroix is an attorney and Executive Vice President, RT ProExec, a division of R-T Specialty, LLC. RT ProExec is an insurance intermediary focused exclusively on management liability issues.
ESG, DEI, and the Supreme Court’s College Admissions Decision
There is no doubt that, as I have previously noted on this site, the conversation about ESG has changed over time, particularly as ESG has faced a political backlash. These changes not only concern ESG itself but each of…
What Do Plaintiffs’ Lawyers’ Pre-Filing Press Releases Signify?
One of the procedural innovations the PSLRA introduced was the requirement that plaintiffs’ counsel who file a securities class action lawsuit complaint must issue a press release announcing the complaint’s filing and notifying prospective class members of the opportunity to…
NY Court Keeps Cayman Law D&O Suit Involving a Cayman Company
Long-time readers may recall that just a short time ago there was growing concern that New York’s courts might be becoming a preferred forum for aggrieved investors to pursue liability claims against non-U.S. companies’ executives, based on the companies’ home…
Guest Post: Standardizing Early Case Appraisal in Securities Class Actions
Assen Koev
The resolution of many securities class action lawsuits would benefit from an economic assessment early in the case process. In the following guest post, Assen Koev argues in favor of a standardization of the initial economic assessment analysis…
Is ESG a “Luxury Good”?
There is no doubt that ESG both as a concept and as a social, political, and litigation phenomenon has changed over time. Due to political backlash and changing investor priorities, ESG and ESG-related issues recently have featured less prominently…
Guest Post: Navigating Key Insights from the 2024 CLM Study
Brent Stevens
In the following guest post, Brent Stevens analyzes and summarizes the findings from the 2024 Claims Litigation Management Defense Counsel Study. Brent is a Senior Director at Consilio and leads Consilio’s Insurance Vertical, serving Consilio’s Insurance Industry clients,…
Guest Post: The German D&O Procurement Clause Revisited
Peter C. Fischer
Burkhard Fassbach
In the following guest post, Peter C. Fischer and Burkhard Fassbach explore the reasons why board members of German companies would be well-advised to negotiate a clause in their service agreements requiring their companies to…
Boldface and Italics Not Enough to Identify Misleading Statements
Here at The D&O Diary, we read everything so you don’t have to. One item that crossed my desk this week particularly resonated with me. The specific item was the court’s dismissal motion grant in the securities class action lawsuit…
Del. Court Dismisses Coverage Suit Based on No Action, Prior Acts Clauses
In a recent decision in an insurance coverage dispute, the Delaware Superior Court granted the insurers’ motions to dismiss, holding that coverage under two towers of insurance was precluded, respectively, by the No Action clause and the Past Acts Exclusion.…