A new wave of AI-powered scams is targeting companies by impersonating their most trusted leaders – the CEO, the CFO, and other senior executives. Cybercriminals are now using generative AI tools to create hyper-realistic video and audio deepfakes of company executives to trick lower-level employees into handing over millions of dollars in cash, critical data,
The D&O Diary
A Periodic Journal Containing Items of Interest From the World of Directors & Officers Liability, With Occasional Commentary
Latest from The D&O Diary - Page 5
Guest Post: Illuminating

The cascade of consequences that followed in the aftermath of the recent Coldplay Concert scandal, in which Andy Byron, the CEO of Astronomy, was caught on Kiss-Cam embracing a woman not his wife (and who was at the time also an executive at the same company), represents a very high-profile example of…
Guest Post: When Fraud Leads to Fraud

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…
Guest Post: Meta Derivative Litigation Hits Reputation Risk Governance

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…
Guest Post: What Did You Say?

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…
Guest Post: Navigating AI Governance

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…
Guest Post: Made in America

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,…
AI Tools in the Boardroom

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…
Guest Post: Diluting I v I

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…
Guest Post: One Beautiful Attempt to Stop State AI Regulation

If you have been following the news out of Washington surrounding the One Big Beautiful Bill, you know that one of the features of the Bill, passed by the House of Representatives, was a provision barring states from enacting laws or regulations relating to AI for ten years. It looks like this provision…