Litigation risks facing directors, officers, and corporations are inevitable and increasingly complex. The Securities and Exchange Commission (SEC) and Department of Justice (DOJ) have stated their intention to pursue, punish, and deter the individuals who are responsible for corporate misconduct, and both agencies are increasingly focused on cooperation and self-reporting from target companies. In late 2023, the DOJ outlined a new safe harbor policy for misconduct uncovered during the M&A process. And the DOJ recently announced the development of a whistleblower pilot program with potential monetary awards in exchange for new information about “significant corporate or financial misconduct.” Meanwhile, private securities class action filings grew slightly in 2023, as the plaintiffs’ bar continues to develop new legal theories and causes of action designed to maximize corporate and individual director liability. In 2023, the number of securities class action settlements declined significantly while the median settlement amount reached its highest level in over a decade. And the SEC’s ambitious rulemaking agenda may lead to more filings in the future. What can you do to make your company—and yourself—more defensible from lawsuits? How should you navigate the complexities and challenges of government investigations? What protections are available through risk transfer instruments like indemnification agreements and D&O insurance, and under what conditions do these risk-transfer mechanisms fail? This panel will explore a series of cutting-edge litigation issues that can threaten corporations, directors, and senior executives, with an emphasis on practical strategies for minimizing and insuring against these risks and responding to an investigation or litigation if the challenge arises.