Corporate Governance

Is An SEC “Greenwashing” Charge Covered By D&O Insurance?

Illustration of toy wood house with green-leaved wood block trees around it.

So-called ESG initiatives are good PR for the company and good for the world, most would agree. They can  also reduce risk, so much so […]

Shareholder Activists Empowered Under Recent SEC Policy Change

A diversity of people -four cartoon-like drawings - with different colored word balloons.

A legal bulletin published last month by the SEC will make it easier to file shareholder resolutions and return more influence to investors, according to […]

The Prospect For D&O Climate Liability Claims

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A recent study looks at how, in today’s legal environment, a board’s failure to adequately address climate change-related issues could lead to litigation and liability. […]

Board Diversity Lawsuits Are Not Faring Well

The recent dismissal of two shareholder lawsuits alleging failure to promote board diversity continues an increasingly unmistakable trend, writes D&O expert Kevin M. LaCroix in […]

CEO Must Testify About “Facts” From GC’s Privileged Communication

A decision from the Southern District of Florida cuts a distinction between a privileged communication from a GC to a CEO and “facts” that were […]

AG Report: Millions Of Fake Comments Tainted 2017 Net Neutrality Battle

A report from New York state’s Office of the Attorney General details massive fraud during the comment period preceding repeal of net neutrality rules in […]

Pandemic May Be Waning, But Securities Lawsuits Keep Coming

Two recent securities class actions related to the coronavirus are likely a harbinger of what’s to come even if there proves to be a rapid […]

Privilege Invoked: Shareholders Won’t See Facebook Board Communications

A Facebook institutional shareholder (a state public employee retirement fund) did not like a $5 billion settlement the company negotiated with the Federal Trade Commission. […]

The Decision That Has Shaped Privilege Law For 40 Years

This is the fortieth anniversary of the Supreme Court decision that “forever redefined the corporate attorney–client privilege,” writes Todd Presnell in his Presnell on Privileges […]

The Rise Of “Event-Driven” Securities Class Actions

Events like environmental disasters, #MeToo reckonings, cybersecurity breaches and even COVID outbreaks, which might predictably draw plaintiff injury lawsuits, are increasingly becoming the basis of […]