D&O Insurance Law: 2018 Year in Review

The level of securities class actions filed in US state and federal courts combined reached record levels in 2018, which is at least in part driven by merger objection suits, “event driven” litigation, and traditional securities fraud claims. This summary will discuss 2018 filing trends, as well as provide an overview of recent US Supreme Court decisions that have the potential to impact the liability of directors’ and officers’ (“D&O”) in the United States. Finally, this summary will provide an overview of several of the key cases that came down in 2018 addressing coverage under D&O insurance policies.