NACD Library

Evolving Directors & Officers Liability Environment

Evolving Directors & Officers Liability Environment Cover
Series: Directors Handbook Series
Publication Date: May 15, 2017
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Emerging Issues & Considerations

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