Management Liability Insights

Globalization has brought about a dramatic increase in business travel, which in turn has elevated risks to personnel. In many cases, you may find yourself traveling from your home base, where security environments are relatively benign and you are intimately familiar with the risks that exist, to areas you do not know nearly as well and where the risks may be much higher.

Protecting employees and assets is a prime responsibility of operating managers throughout any corporation. Overburdened decision-makers may not be able to keep current on security-related exposures. But terrorism, crime, and political stability risks are facts of life, and corporate leaders must deal with them when transacting business in our globalized world.

In early 2022, Delaware signed into law a statute enabling Delaware companies to procure D&O insurance through a captive, fronting, or reinsurance arrangement. However, several D&O exposures typically covered under commercial D&O insurance programs likely cannot be included in the arrangements allowed by this new legislation. In this advisory, Chubb and Bailey Cavalieri LLC identify these exposures and outline why D&O buyers and insureds should proceed with caution.

Privately held companies, regardless of size, are threatened by exposures that can lead to complex threats of litigation and can have devastating financial consequences. In Protecting Private Companies from Financial Loss, we’ve highlighted seven key areas of corporate risk to be aware of when evaluating potential gaps in your insurance program.

The alarming rise in the number of lawsuits filed over excessive fees in retirement plans is a potential exposure for all types of plan sponsors in all types of industries. Chubb offers a look at the dramatic change in excessive fee litigation.

Federal and state Equal Employment Opportunity (EEO) laws prohibit employers from discriminating against employees based on characteristics such as age or race. Chubb’s claims professionals share insights into what you need to understand about EEO laws, what is considered retaliation, and how to avoid retaliation charges.

Even with protections put in place by internal IT departments or outside partners, email remains an unsecured and unreliable technology capable of being hacked, altered and manipulated. An increase in working from home over less-secure wi-fi networks and an uptick in the use of e-commerce and electronic transactions has created a busy environment for cyber criminals to exploit email for fraudulent activities.

It's critical to have a strong line of defense against increasingly sophisticated attacks, like account hijacking and impersonation – also known as Business Email Compromise (BEC) schemes. Learn more about how organizations can block email-related fraud by implementing multi-factor authentication (MFA).

Historically filed against only the largest organizations, an increasing number of smaller retirement plans have faced excessive fee litigation over the past couple of years. With this surge in litigation, it’s important that all fiduciaries, regardless of plan size, understand the history and recent trends relating to excessive fee claims.

Co-authored by Chubb and Clyde & Co. LLP, this report explores the latest international management liability trends that should be considered carefully by all multinational corporations and their senior management. It identifies common emerging D&O risk trends seen in key countries and territories, discusses the underlying triggers and drivers of those trends, and assesses how those issues might develop in the future.

As an employer, there is a certain level of responsibility that falls on you for ensuring a safe work environment for your employees. Unfortunately, while workplace violence programs have evolved, many employers are still underprepared for the threat of violence in the workplace.

The volume of securities class action lawsuits have more than doubled in the last four years. Chubb’s report examines the origin, scope and cost of securities class actions, as well as pragmatic proposals for reform. Read more on the growth of these lawsuits, as well as Chubb proprietary claims analysis and prespectives from some of the top securities lawyers in the U.S.

This guide provides you with a step-by-step evaluation process to assist you in determining where your organization may be vulnerable to potential Social Engineering schemes. Complete the evaluation here and read more on suggestions for implementation of security policies and procedures, operational controls, employee education, and technological controls.

Read Chubb’s Rob Exelbert’s insight on reps & warranties coverage in this Advisen blog. Rob discusses how strategic buyers contributing to M&A activity “are encountering the same unique financial exposures in their deal making as do private equity firms.”

Chubb’s Private Company Risk Survey explores the big picture of the risks private company executives face to help assist them in making wise decisions in the areas of Directors & Officers (D&O) liability, Employment Practices Liability (EPL), cyber liability, and commercial criminal liability insurance.

Many companies frequently request their directors, officers, and employees to serve other organizations in various capacities (an “Outside Director”). Read more to find out how your company or you personally can protect yourself from the liabilities surrounding these kinds of positions.

Private equity dealmakers are faced with unique and growing financial exposures. Three such concerns inherent in M&A transactions are cybersecurity risks, transactional risks and multinational expansion risks. Learn more in our whitepaper about how the use of a specialized risk transfer mechanism is valuable for the transaction to proceed with greater clarity and confidence.

Lawsuits against those involved with retirement and welfare plans are becoming more common. Learn more about how plan sponsors and fiduciaries can proactively reduce ERISA risks.

When a company becomes the target of an actual or proposed M&A transaction, its directors are thrust into a highly volatile and risky claims environment. This advisory addresses how to handle takeover transactions.

Proactive management of director and officer exposures can improve a company’s ability to recruit talented management, enhance the quality of corporate decision-making, and help reduce the risk of litigation damages, expenses, or distractions. This loss prevention book will begin the process of education and guidance for executives.

A fundamental goal of an effective securities litigation loss prevention program is to inform directors and officers that improper disclosures can result in severe personal and corporate consequences. Read more for a number of best practices to help reduce this liability exposure in an area where case law, statues and regulations, and new developments in cybersecurity and climate change are always evolving.

Cyber exposures come from a wide variety of sources. Learn more about how directors and officers can identify, mitigate, respond to and recover from a cyber incident.

Regardless of size, all organizations are vulnerable to workplace fraud. Download Preventing Fraud: How Anonymous Hotlines Can Help for data on what kind of fraud is most common in specific industries and how Chubb can help you prevent it from happening in your organization.