In the following guest post, Sarah Abrams considers the potential D&O liability and insurance implications of a class action lawsuit Meta’s social media platform users recently brought against the company alleging that advertisements on the company’s sites enabled a stock manipulation scheme. Sarah is Head of Claims Baleen Specialty, a division of Bowhead
In the following guest post, Nir Kossovksy examines the issue of corporate governance for reputational risk, through the lens of the recently settled Meta derivative suit. Nir is the CEO of Steel City Re. I would like to thank Nir for allowing me to publish his article as a guest post on this
It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant communications, AI introduces both new opportunities and new responsibilities for those overseeing Employee Retirement Income Security Act of 1974 (ERISA)-covered retirement and health plans
As illustrated by the lawsuit Donald Trump recently filed against the Wall Street Journal’s parent company Dow Jones and its owner Rupert Murdoch, defamation lawsuits are all the rage these days. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the
The increasing prevalence of artificial intelligence (AI) tools and processes present companies with a host of opportunities and risks. These opportunities and risks in turn create challenges for corporate boards as they try to navigate the changing environment. In the following guest post, Burkhard Fassbach, considers the corporate governance implications AI presents for
The Trump administration, through the Federal Trade Commission (FTC), has made it clear that it will prioritize enforcement against false or misleading “Made in USA” claims. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the FTC’s Made in USA enforcement position,
A small but growing number of cyber insurers are incorporating language into their policies that specifically addresses risks from artificial intelligence (AI). The June 2025 issue of The Betterley Report’s Cyber/Privacy Market Survey identifies at least three insurers that are incorporating specific definitions or terms for AI. This raises an important question for policyholders: Does
Artificial Intelligence (AI) tools and processes are becoming increasingly pervasive in many industry sectors and in many phases of business. AI use is also spreading to corporate processes and functions. For example, as I recently noted, some companies many be using AI tools to draft the MD&A in their periodic reports. And, at least
On July 7, 2025, Pennsylvania Governor Josh Shapiro enacted a new Digital Forgery Law by signing SB 649 into law, which will take effect in 60 days. SB 649 creates “new criminal penalties for anyone who uses artificial intelligence (AI) to produce non-consensual “forged digital likenesses” — like deepfakes or voice clones — to defraud or
One of the standard D&O policy exclusions is the Insured vs. Insured (IvI) Exclusion, which precludes coverage for claims brought by one insured against another insured. This exclusion is usually subject to a number of coverage carve-backs preserving coverage for certain kinds of claims that would otherwise be excluded. Many exclusions include carve