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Powered by Marsh FINPRO: Wildfire and D&O litigation risk

In this episode of Powered by Marsh FINPRO, our hosts discuss the nuances of event-driven litigation, specific challenges posed by wildfires and more.

Wildfires have been increasing in both intensity and frequency, and have become a top concern for underwriters, risk managers, and boards. Fires have severe financial, operational, regulatory and reputational implications, all of which can potentially lead to D&O litigation, specifically event-driven litigation.

As event driven litigation continues to be on the forefront of discussions with our clients, we believe it is crucial to analyze the relationship between wildfires, event driven litigation and D&O litigation. More specifically, our carrier partners are concerned with how much wildfire liability clients are buying.

In this episode of Powered by Marsh FINPRO, host Grace Brighter, AVP FINPRO Placement at Marsh, speaks with Peter Stokes, Partner – Norton Rose Fulbright, about the nuances of event-driven litigation, the specific challenges posed by wildfires, and the types of disclosures most commonly under scrutiny. Additionally, they discuss the strategies companies can employ to mitigate their risks.

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Key takeaways

Understand event-driven litigation risks

Recognize that wildfires and other catastrophic events can trigger event-driven litigation, particularly in the energy and power sectors. This includes securities class actions and derivative cases that arise from such incidents.

Enhance disclosure practices

Ensure that all public disclosures, including SEC filings and ESG reports, are accurate, consistent, and reflective of current risks. Avoid vague or generalized statements that could mislead investors about the company's risk management practices.

Implement robust oversight processes

Establish a centralized process for reviewing disclosures, involving legal counsel and management to ensure alignment with factual circumstances. This can help mitigate the risk of litigation and enhance the credibility of disclosures.

Podcast

Powered by Marsh FINPRO podcast series

Learn more about our podcast series that examines the opportunities and challenges in the energy and power industry due to the energy transition and how to manage the resulting management liability risks.

About our speakers

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Grace Brighter

Assistant Vice President

  • United States

Grace Brighter is an Assistant Vice President within Marsh’s FINPRO Placement Team. She is responsible for working with insurance carriers and negotiating competitive coverage for her clients.

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Sarah Baldys

Senior Vice President, FINPRO Power & Renewables Leader

  • United States

Sarah is a Senior Vice President at Marsh where she leads a national team of FINPRO colleagues with specialized expertise in the Energy and Power sector.

Peter Stokes

Peter Stokes

Partner, Norton Rose Fulbright

  • United States

Peter Stokes has spent his entire career representing clients in securities lawsuits, SEC enforcement matters, internal investigations, corporate governance matters, and complex commercial litigation matters.

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