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Often coverage disputes arise as to whether the FTC is truly investigating the company or its directors and officers. The Biden FTC’s increased focus on individual liability will likely clarify those disputes but could also lead to increased exposure for insurers writing D&O policies. (Credit: golubovy/Adobe Stock) Often coverage disputes arise as to whether the FTC is truly investigating the company or its directors and officers. The Biden FTC’s increased focus on individual liability will likely clarify those disputes but could also lead to increased exposure for insurers writing D&O policies. (Credit: golubovy/Adobe Stock)

A new presidential administration always brings changes that impact a broad spectrum of industries. And the Biden Administration figures to be no exception.

There have been numerous thoughtful articles about how President Biden’s administration could reshape federal agencies’ priorities and impact various industries. One such article by my Wiley colleague Duane Pozza focuses on the FTC. Duane identified five areas that a Biden FTC is likely to prioritize. Duane’s whole article is interesting in its own right, but one point jumps out that will almost certainly impact the D&O insurance world — an increase in seeking individual liability for directors and officers.

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