Among the challenges companies face as they incorporate AI into their business strategies is accurately projecting the impact the AI-based approach will have on their business and financial results. Business outcomes may fall short of expectations to the disappointment of investors, which in turn can lead to securities litigation. In the latest example of this
During my panel, “Shifting Ground: D&O in a Changing World,” at the Professional Underwriting Liability Society (PLUS)’s annual D&O Symposium, I noted the potential for emerging risks stemming from the U.S. government’s recent role as a shareholder in publicly traded companies, including Intel Corp. (Intel).
On March 5, 2026, an Intel investor filed his Verified
Recent shifts in regulatory scrutiny, proxy-advisor guidelines, and institutional-investor practices are reshaping how boards, investors, and insurers navigate the governance risks associated with proxy advisor practices. These developments take on particular significance as companies head into the 2026 proxy season. In the following guest post, Sarah Abrams takes a look at these proxy
In recent months, the filing of securities class action lawsuits involving artificial intelligence (AI)-related allegations has become an increasingly important part of overall securities suits filing volume. By and large, the AI-related suits have involved relatively smaller corporate defendants. Late last week, however, a plaintiff shareholder filed an AI-related securities suit against the technology behemoth
As noted in prior posts on this site, trouble recently has been brewing in the private credit market. Borrower defaults have led to bankruptcies, civil lawsuits, and even criminal indictments. D&O litigation has now arrived on the lender side as well, as earlier this week an investor filed a securities class
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