Evolving Directors & Officers Liability Environment

In Brief:  The legal landscape for board members is complex and risky—recent developments include increases in securities lawsuits, M&A litigation, and emerging threats from claims related to cybersecurity, data privacy, climate change, and more.  Marsh and NACD have compiled a collection of brief articles accompanied by key takeaways, checklists and questions for boards related to a range of timely directors and officers (D&O) liability issues, including:

• The annual D&O approval process
• D&O considerations for private-company boards
• M&A, cybersecurity, and global-company D&O trends and implications
• Regulatory and employment claims investigations

Directors can:

• Use the 9-point annual D&O review checklist to cross-check your board’s current insurance coverage
• Apply key takeaways and guidance in situations such as M&A, spinoffs, bankruptcies, global operations, and regulatory investigations
• Inform discussions in the boardroom, and with internal and external counsel, on insurance coverage related to cybersecurity risks and employment-related claims against the firm

Most relevant audiences: Directors of public and private companies, general counsels, and corporate secretaries