D&O Liability in the Low-Carbon Energy Transition: Litigation Trends and Insurance Implications

The low-carbon energy transition brings tremendous change and opportunity, as well as new and evolving risks for companies and their executives. Energy and power companies of all sizes – from investor-owned utilities to clean energy startups – face unique risks including litigation from wildfires, new technologies, unhappy investors, and evolving disclosure expectations. In this one-hour session, we will examine the key director and officer (D&O) risks for energy and power companies, explore the D&O litigation landscape and current trends, and identify best practices for risk management.

What You Will Learn

By attending this program, participants will be able to:

• Identify key drivers of D&O litigation in the energy and power sector (15 minutes)

• Analyze how current challenges such as wildfire exposure contribute to securities and derivative claims (10 minutes)

• Evaluate governance and disclosure practices that may mitigate liability exposure (10 minutes)

• Understand how D&O insurance policies respond to event-driven litigation (10 minutes)

• Assess considerations for structuring and evaluating D&O insurance limits in light of emerging risks (15 minutes)