Guest Post: Dealing with Potential Claims Under Claims-Made and Reported Policies
Chris Quirk’s guest post warns that mishandling notices of circumstances (NOCs) under claims‑made and reported policies can trigger coverage denials. The article cites the Evanston v. HRC Fertility case, where an incomplete NOC excluded individual defendants because they were not listed, and the Callister case, where reliance on renewal warranties created a coverage gap between carriers. It explains that NOCs may be optional or mandatory, and strict compliance—including identifying all potential insureds and obtaining written acceptance—is critical. The piece balances potential benefits of filing NOCs against the significant procedural risks.
SPAC Fallout, Accrual Battles, and the Long Tail of De-SPAC Risk
The Delaware Supreme Court affirmed the Delaware Chancery Court’s ruling that the standard three‑year statute of limitations applies to fiduciary‑duty claims arising from de‑SPAC transactions. The court applied Delaware’s long‑standing occurrence rule, holding that the limitations clock starts when the...
2025 Accounting-Related Securities Suit Filings Decreased, Settlement Value Increased
Cornerstone Research reports a sharp 40% drop in accounting‑related securities class‑action filings in 2025, falling to 34 cases, the lowest count since its 2004 tracking began. Despite fewer suits, settlement values surged 40% to roughly $1.5 billion, accounting for 51% of...
9th Circ. Revives Securities Suit Against Consumer Products Company
The Ninth Circuit Court of Appeals revived securities class‑action claims against Funko and its CEO and CFO, focusing on allegedly misleading risk‑factor disclosures about inventory and ERP failures. Investors sued after Funko disclosed tens of millions of dollars in inventory...
AI-Related Securities Suit Filed Against Israeli Software Company
Investors have filed a securities class action against Monday.com, alleging the company overstated its AI‑driven growth prospects and misled shareholders about a $1.8 billion 2027 revenue target. In February 2026, Monday.com cut its 2026 outlook and abandoned the long‑term projection, prompting...
Intel Derivative Suit Tests Governance Implications of Government Equity Stakes
On March 5 2026 a Intel shareholder filed a sealed derivative complaint in Delaware alleging that the company’s board breached fiduciary duties by accepting a roughly 9.9% equity stake from the U.S. government. The stake, part of an $11.1 billion federal investment tied...
Geopolitical Whiplash and the Shifting Ground of D&O Liability
The article argues that the wars in Ukraine and the Middle East are reshaping directors‑and‑officers (D&O) liability by turning geopolitical risk into a core governance issue. Rapid sanctions, divestment decisions and supply‑chain disruptions have already sparked securities lawsuits, exemplified by...
Guest Post: Will Allowing Companies to Block Shareholder Suits Create a D&O Mess?
In September 2025 the SEC overturned decades‑old guidance and now allows public companies to include forced arbitration clauses in their IPO registration statements. The change is expected to drive up legal expenses for securities claims, as firms will face dozens...
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....
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....
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...
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...
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...
