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The D&O Diary

The D&O Diary

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Independent publication on D&O liability, securities litigation risk, governance, and related compliance issues.

Recent Posts

Guest Post: Venture Capital, Startup Liability, and D&O Insurance
News•Feb 19, 2026

Guest Post: Venture Capital, Startup Liability, and D&O Insurance

When a startup secures venture capital, its liability profile shifts dramatically as cash, fiduciary duties, and litigation exposure rise overnight. Without directors and officers (D&O) coverage, founders and executives can face personal financial loss from employment, equity, or disclosure disputes. Governance gaps—especially around equity compensation and valuation communication—frequently trigger lawsuits that insurers may refuse to underwrite. Early placement of D&O insurance not only protects individuals but also signals robust governance to investors, partners, and future customers.

By The D&O Diary
SEC Chair Atkins Proposed Further Securities Litigation and Disclosure Reform
News•Feb 19, 2026

SEC Chair Atkins Proposed Further Securities Litigation and Disclosure Reform

SEC Chair Paul Atkins used a Texas A&M law symposium to unveil a second wave of securities‑litigation and disclosure reforms. He urged Texas to consider "loser‑pays" fee‑shifting bylaws and to permit mandatory arbitration provisions for corporations incorporated under state law....

By The D&O Diary
SEC Enforcement Division Director Assures of Continued Vigilance
News•Feb 12, 2026

SEC Enforcement Division Director Assures of Continued Vigilance

SEC Enforcement Division Director Margaret “Meg” Ryan addressed concerns about a perceived lull in enforcement during a February 11, 2026 speech. She reaffirmed the division’s commitment to vigorously enforce securities laws, emphasizing transparent processes, a focus on case quality over...

By The D&O Diary
Guest Post: Fiduciary Duty, Governance, and Minor League Baseball
News•Feb 11, 2026

Guest Post: Fiduciary Duty, Governance, and Minor League Baseball

The Third Circuit affirmed the dismissal of Sports Enterprises’ fiduciary‑duty claim against Marvin Goldklang, holding that Florida nonprofit statutes impose duties only to the organization, not to individual minor‑league clubs. The court emphasized that the league’s bylaws require directors to...

By The D&O Diary
Guest Post: Low-Float IPOs and Pump-And-Dump Risk
News•Feb 9, 2026

Guest Post: Low-Float IPOs and Pump-And-Dump Risk

Recent securities class actions against Charming Medical, PomDoctor, China Liberal Education Holdings, and Picard Medical illustrate a growing litigation focus on low‑float IPOs and social‑media‑driven pump‑and‑dump schemes. Plaintiffs allege that thin public floats, concentrated insider ownership, and inadequate IPO disclosures...

By The D&O Diary