Sheppard Mullin's Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing. In this episode, Paul Figliozzi and Michael Gil of Marsh join us to discuss the critical issue of director and officer risk, particularly in the context of an unstable economy and financially distressed companies.
What We Discussed in This Episode:
- How has the recent uptick in restructuring activity and the banking crisis impacted the D&O market in terms of the claims you're seeing and with respect to premiums?
- Assuming the banking panic is unlikely to abate anytime soon, what advice would you offer companies in the financial sector and elsewhere?
- Are you seeing more clients request a review of their D&O programs?
- What concerns or issues are typically revealed in these reviews?
- How often are D&O claims asserted in the context of a Chapter 11 filing actually successful?
- Now that we're on the trailing edge of the SPAC trend, do you perceive any unique risks to directors and officers, especially related to de-SPACing?
- What common mistakes or misconceptions do you see in the SPAC market?
- Have you seen any instances where ESG forms the basis of a D&O claim?
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