The D&O Diary

The continued expansion of the False Claims Act (FCA) as a governmental enforcement mechanism presents growing liability and insurance coverage challenges for companies and their insurers. In the current environment, a September 29, 2026, federal district court decision represents a significant policyholder victory in a coverage dispute arising from a DOJ investigation, Civil...

Over the past couple of years, The D&O Diary has followed the growing “DExit” movement, including the

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 are directionally consistent – they all show significantly reduced SEC enforcement activity in FY 2...

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 cybersecuri...

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 exposures raise important questions about the continuing role and value of standalone Side A D...