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19 Mar 2024, 4:38 am by Doug Cornelius
Sources: SEC Charges Two Investment Advisers with Making False and Misleading Statements About Their Use of Artificial Intelligence SEC Order – Delphia SEC Order – Global Predictions SEC Chair Warns Against “AI Washing” by Kevin LaCroix  [read post]
19 Mar 2024, 3:00 am by Meredith Ervine
This D&O Diary blog from Kevin LaCroix discusses an early March decision by the Eastern District of Virginia that a bump-up exclusion precluded D&O coverage for the $90 million paid by Towers Watson in settlement of claims relating to its January 2016 merger with Willis Group Holdings. [read post]
11 Jan 2024, 9:02 pm by Meredith Ervine
On the D&O Diary, Kevin LaCroix blogged about the “Top Ten D&O Stories of 2023,” and focused on future implications of notable trends. [read post]
9 Jan 2024, 5:21 pm by Steve Bainbridge
In the second post, I noted that the estimable attorney and D&O Diary blogger Kevin LaCroix shared my concern that the defendant's conduct, "while doubtless egregious, did not go to the sort of existential, 'mission critical' failures that drove the recent Marchand and Boeing decisions. [read post]
11 Dec 2023, 10:19 am by Doug Cornelius
Sources: SEC Chair Warns Against “AI Washing” By Kevin LaCroix in The D&O Diary SEC Chief Gensler Warns of AI ‘Herding Effect’ Leading to a Market Crash Proposed Rule: Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers Fact Sheet SEC Proposal on Predictive Data Analytics Lacks Statutory Authorization by Andrew Vollmer SEC Probes Investment Advisers’… [read post]
27 Nov 2023, 3:00 am by Liz Dunshee
That’s from this D&O Diary blog, and Kevin LaCroix goes on to detail why the new SEC rule isn’t the “golden ticket” that these hackers thought it was: First, the hackers alleged that MeridianLink violated the cybersecurity disclosure guidelines by failing to make the requisite disclosure under Item 1.05 of Form 8-K within the stipulate four business days. [read post]
17 Oct 2023, 3:15 am by John Jenkins
  Over on “The D&O Diary,” blog Kevin LaCroix recently blogged about a purported class action lawsuit filed against Advance Auto Parts last week premised on alleged shortcomings in the company’s disclosure about the impact of inflation and other macroeconomic factors on its business. [read post]
15 Oct 2023, 5:36 pm by Steve Bainbridge
" As for the latter, the estimable Kevin LaCroix has written that: A claim alleging a board’s breach of duty of oversight has long been regarded as one of the most difficult for a plaintiff to sustain. [read post]
14 Aug 2023, 9:10 pm by Meredith Ervine
Here’s Kevin LaCroix’s reminder: Securities class action plaintiff’s counsel routinely scour corporate expressions of purpose, of conduct, or of ethics, to try to find statements that are contrary to subsequent corporate conduct, in order to try to support allegations that the statements misled investors. [read post]
13 Jul 2023, 9:56 am by Kevin LaCroix
[5] “Kraft Heinz Securities Litigation Settles for $450 million,” Kevin LaCroix, The D&O Diary, May 9, 2023 [read post]
23 Jun 2023, 9:30 pm by Karen Tani
  Its authors are Kevin Arlyck, Georgetown University Law Center; Brian Balogh, University of Virginia; Aziz Z. [read post]
20 Jun 2023, 5:58 pm by Steve Bainbridge
Kevin LaCroix reports that: On June 2, 2023, an American Airlines pilot filed an ERISA class action lawsuit in the Northern District of Texas against American Airlines; the American Airlines Employee Benefits Committee; the company’s benefits plan administrator; and the company’s benefits plan advisor. [read post]
25 May 2023, 3:30 am by John Jenkins
This excerpt from Kevin LaCroix’s blog on the case summarizes Judge Mendez’s ruling: The Alliance moved for summary judgment. [read post]
26 Apr 2023, 3:15 am by Meredith Ervine
Following last week’s announcement that Fox agreed to settle with Dominion, Kevin LaCroix also blogged about these claims on The D&O Diary. [read post]
10 Apr 2023, 1:37 pm by Steve Bainbridge
I've been consulting lately with some investment fund managers about event driven litigation, so I noted with interest Kevin LaCroix's post on the topic. [read post]
8 Mar 2023, 3:30 am by John Jenkins
Kevin LaCroix weighed-in on this decision this morning on The D&O Diary, and you should be sure to check out his commentary as well. [read post]