The New Administration and the Impact on D&O Liability Webinar Recap

Our recent webinar, “The New Administration and the Impact on D&O Liability,” brought industry experts together to discuss how shifting political and regulatory landscapes are shaping the risks and responsibilities for directors and officers. The session provided valuable insights into the evolving environment, with a focus on regulatory changes, emerging risks, and practical considerations for navigating this uncertainty. Here are four key takeaways from the discussion:

Regulatory Shifts and Enforcement Trends
The panel highlighted a significant shift in regulatory priorities under the new administration, including a reduction in SEC staff and a decline in enforcement actions. However, the focus has sharpened on clear-cut fraud cases, retail investor protection, and emerging areas like AI and cryptocurrency. The SEC’s evolving approach, combined with new executive orders and ongoing litigation around tariffs, means organizations must stay vigilant and adapt to a regulatory environment that is both less predictable and more targeted.

The Rise of Emerging Risks: AI, Cryptocurrency, and ESG
Emerging technologies and social issues are increasingly at the forefront of D&O liability. The administration’s support for digital assets, the passage of the Genius Act for stablecoins, and the release of a comprehensive AI action plan signal a new era of regulatory frameworks. At the same time, ESG and DEI initiatives are under scrutiny, with some companies pulling back on programs and others facing legal challenges. These developments create new exposures and require organizations to reassess their risk management strategies.

Economic Uncertainty and Underwriting Considerations
Economic pressures, such as fluctuating interest rates, supply chain disruptions, and increased bankruptcy filings, are impacting both public and private companies. Underwriters are paying closer attention to companies’ financial conditions, trading partners, and disclosure practices, especially regarding tariffs and international operations. The rollback of certain regulations demands due diligence and transparent communication to mitigate potential claims.

The Importance of Proactive Risk Management
Throughout the webinar, speakers emphasized the need for organizations to stay informed and proactive. The uncertainty brought by rapid regulatory changes, evolving litigation trends, and shifting economic conditions means that D&O risks are not confined to public companies—they affect private, nonprofit, and governmental entities as well. Collaboration between brokers, underwriters, and claims teams, along with ongoing education and loss control efforts, is essential to navigate this complex landscape and minimize potential liabilities.

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Meet the Speakers

Andrew Doherty has over thirty (30) years of industry experience, including expertise in directors & officers (D&O) liability, employment practices liability (EPL), fiduciary liability, fidelity (crime/bonds), professional liability (E&O), and cyber risk and liability.  His proficiency extends to publicly listed companies, privately held companies, and not-for-profit organizations in all major industries and segments. Andy joined USI in November of 2019.While Andy oversees our national EPS team, he is also involved in the risk management strategy and insurance placement of our most complex clients.

Lisa Jacobson is the Vice President, Head of Commercial Management Liability & Financial Institutions Claims at Sompo. She leads a team overseeing the following claims: public and private company directors and officers liability (“D&O”), including fiduciary and fidelity coverages; D&O and errors and omissions for financial institutions, including cost of corrections/trade error, fiduciary and FI bond coverages; and employment practices liability. Lisa began her career in the industry as a D&O coverage lawyer, and has also previously worked as a D&O claims professional and manager at another insurance carrier. She earned her J.D. from St. John’s University School of Law and her B.A. from Rutgers University.

Christina M. Rieker is a partner with Winget, Spadafora & Schwartzberg, LLP. Her practice focuses primarily on the defense of professionals, organizations, and fiduciaries in a wide-range of professional liability and employment matters in the insurance, securities, financial services, construction, and legal and medical industries in various legal conflicts, litigation, and alternative dispute proceedings. Ms. Rieker also founded the firm’s Diversity and Inclusion Committee and Mentorship Program in 2021.

Kristine Christ is currently the Vice President of Management Liability at Crum & Forster responsible for Commercial D&O and the Crime and Fidelity products. Kristine has over 25 years of Management Liability underwriting experience. Prior to joining Crum & Forster, Kristine was the SVP Management Liability for Liberty International, an Underwriting Manager at Axis Capital Holdings and began her career at AIG in the Financial Institutions department.

Kristine has her Bachelor of Science in Finance from William Paterson University, Master of Science in Insurance Management from Boston University and her CPCU designation.