The D&O Diary
A Periodic Journal Containing Items of Interest From the World of Directors & Officers Liability, With Occasional Commentary
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Latest posts
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Reduced SEC Enforcement Activity in the 2026 Fiscal Year
The SEC has not yet released an official report of SEC Enforcement activity for Fiscal Year (FY) 2026, which ended September 30, 2026, but several other independent sources have released their own analyses. The numbers reflected in the independent sources’ report vary, but they…
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Honeywell Aerospace Hit with Securities Suit Following FCA Cybersecurity Settlement
The D&O Diary has been closely following the Department of Justice’s increasing use of the False Claims Act (FCA) as an enforcement tool, including in areas involving cybersecurity compliance, DEI, tariffs, and other regulatory priorities. A recurring concern for companies,…
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Has Side A DIC Risk Changed? Broader D&O Coverage and Emerging Exposures
In the following guest post, Evan Bundschuh considers whether recent developments in corporate governance and D&O insurance policy design are altering the traditional role of standalone Side A Difference-in-Conditions (DIC) insurance. Evolving policy forms and changing liability…
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From Investigation to Litigation: Private Credit Scrutiny Fuels New Claims
What began as regulatory inquiries involving Los Angeles Dodgers (and until recently Los Angeles Lakers) owner Mark Walter and affiliated insurance companies has now expanded into civil litigation, bringing renewed attention to private credit investments, related-party…
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The D&O Diary Podcast, Episode 9: Geoff Fehling and Key D&O Insurance Coverage Issues
Episode 9 of The D&O Diary Podcast series is now live. In this latest episode, we are joined by Geoff Fehling, a partner with Hunton Andrews Kurth LLP whose practice focuses on policyholder advocacy, management liability insurance, D&O coverage, and complex insurance disputes.…
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Thinking About the $25 Billion Meta Privacy-Related Judgment
The recent $25 billion data privacy judgment in New Mexico state court against Meta was attention-grabbing, if for no other reason than for the sheer size of the award. The award also highlights the fact that privacy-related issues are increasingly important, in ways that can…
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AI-Related Securities Suit Filing Surge Continues
One of the most distinctive and material securities class action lawsuit filing trends this year has been the massive recent surge of artificial intelligence (AI)-related securities suit filings. Sure, there have been AI-related securities suit filings before, but this year the…
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Continuing Geopolitical Disclosure Risk Underscored in New Securities Suit
The D&O Diary has been closely following the growing D&O risks arising from geopolitical developments and the increasing number of securities suits that have followed in their wake. The latest lawsuit in this developing line of cases was filed on October 8, 2026, against Webull…
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Latest FCA Settlement Highlights Developing Anti-DEI Enforcement Trends
On September 14, 2026, the U.S. Department of Justice (DOJ) announced that Accenture agreed to pay $25 million to settle allegations that its hiring, promotion, and workplace-development practices discriminated on the basis of race or sex. The settlement resolves allegations…
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AML Penalties-Related Securities Suit Hits Bank of America
When I first heard the news last week that the U.S. Department of Treasury and other federal agencies had imposed penalties and settlements against Bank of America totaling more than $1.2 billion for anti-money laundering and trade sanctions violations, I told colleagues that we…
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Endava Hit with Latest AI-Related Securities Suit
A new securities class action lawsuit filed against Endava plc, a technology consulting and digital transformation company that has promoted its transition to an “AI-native” business model, represents the 28th AI-related securities class action lawsuit filed in 2026. The lawsuit…