26 09, 2023

Analysis of Securities Class Actions by ESG Risks

By |2023-09-28T12:51:23-05:00September 26, 2023|@PLUS, Guest Blog, PL Insurance|0 Comments

Over the past decade, Directors and Officers (D&O) underwriters have observed the evolution of losscauses leading to securities class actions (SCA). While in early 2010 almost all SCA settlements werecaused by activities related to core corporate governance, recent SCA settlements are indicative of avariety of loss causes with a significant presence of environmental, social, and governance (ESG) risks asunderlying factors. Our review of the SCA settlements recorded between 2020 and 2022 suggests that64% of settlements correspond to environmental and social risks, while the remaining 36% are relatedto governance risks. ESG-related regulatory requirements are on the rise in the U.S. and [...]

19 01, 2023

ESG, BIPA and COVID Claims and EPLI Coverage Issues

By |2023-01-12T09:46:10-06:00January 19, 2023|@PLUS, EPLI|0 Comments

ESG claims not only include those related to climate and corporate governance, but also include employment issues such as pay equity, workplace diversity, discrimination and harassment. COVID claims are expansive and often include a failure to comply with various federal and state leave laws, as well as workplace safety issues, work-from-home issues, and requests for reasonable accommodations under the Americans With Disabilities Act. Invasion of privacy claims brought by employees, under statutes such as the Illinois Biometric Privacy Act (“BIPA”), are on the rise, and can include allegations regarding the collection, storing and dissemination of employee biometric information such as [...]

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