I continue to push through the last few in my countdown of my Top Ten posts on this blog in 2025, having now reached the number three post. Number three is actually one of my favorites. It raises the question of when, exactly, AI claims processing is proper and when, instead, it will prove to
The current private credit market turmoil has involved a number of high-profile company failures and ensuing D&O claims. In the following guest post, Sarah Abrams takes a closer look at one recent example of these developments — the bankruptcy of Tricolor Holdings and the ensuing criminal indictment — and considers the broader potential
As readers of this blog know well, cybersecurity issues can be an important potential source of directors’ and officers’ liability risk exposure. In the following guest post, Arlene Levitin, Esq., takes a detailed look at the many ways that cybersecurity-related issues can translate into D&O liability risk and insurance concerns, particularly with advent
After three straight years of increases in the number of federal court securities class action lawsuit filings, the number of federal court securities suits decreased in 2025 relative to 2024, to the lowest level since 2021, according to the latest annual report from NERA Economic Research Associates. In addition, the annual number of dismissals increased
In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines the question whether the SEC should adopt AI-specific disclosure guidelines with reference to two recent enforcement actions involving tech companies allegedly fraudulent claims about their technology. I would like to thank Sarah for allowing me
In my recent year-end roundup of the top D&O stories of 2025, one key topic I noted was the significance of AI-related corporate and securities litigation during the year. 2026 has only just started, but it already seems likely that AI-related litigation will be an important theme again in the new year, as well. In
In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the way in which companies’ operations and disclosures about safety issues can translate into securities litigation. I would like to thank Sarah for allowing me to publish her article as a guest
I. Introduction
On December 27, 2025, the Standing Committee of the National People’s Congress of the People’s Republic of China promulgated the newly revised Foreign Trade Law, which will take effect on March 1, 2026 (the “2025 FTL”). This legislative act marks a pivotal moment in China’s legal framework governing its economic interactions with the
There’s lots to worry about as we enter the New Year, not least a newly emboldened and militarily active U.S. There are also things to worry about in the financial markets, even as the various indices trade at or near record levels. Much of the recent run-up in market valuations is due to investor
Are you old enough to remember Soviet figure skating judges in the Winter Olympics? They used to be accused all the time of putting their thumb on the scale, lowering the allegedly “objective” scoring for American skaters so as to get the results they wanted. If you recall, I reserved the same right this year