E-Business
Allianz: Volatile Markets, US Lawsuits, ESG Issues and SPACs Create New Risks for Managers

Board members and company executives can be held liable for an increasing range of scenarios.

Today’s market volatility, with the increased threat of asset bubbles and inflation, the prospect of a growing number of insolvencies due to the pandemic environment, together with rising scrutiny around the environmental, social and governance (ESG) performance of companies and the urgency for robust cyber resilience are key risks for Directors and Officers (D&Os) to watch in 2022.
Risk managers and their D&O insurers should also closely monitor potential exposures to US derivative actions and other forms of litigation, while also not underestimating the challenges around increasingly popular SPACs (special purpose acquisition companies), according to the latest edition of Allianz Global Corporate & Specialty (AGCS)’ annual D&O report.
“The actions and culture of organizations and their directors and officers are coming under heightened scrutiny from a wide range of stakeholders, with litigation risk a primary concern,” said Shanil Williams, global head of Financial Lines at AGCS.
“This comes against the backdrop of a stabilizing D&O marketplace, although capacity is still tight in some segments and many companies would like to buy more limits than the industry can offer. The market remediation has advanced, including our own portfolio at AGCS, and this will gradually ease the pressure that some of our clients are facing. We are adopting a cautious and disciplined underwriting approach and need to remain wary about the current volatile business environment and closely monitor loss trend patterns. However, the D&O insurance space is slowly, but surely, offering opportunities for profitable growth again in selected pockets – and we are eager to pursue these.”
Uncertain insolvency issues continue to be key topic in the D&O space
The withdrawal of support measures for companies established during the pandemic sets the stage for a gradual normalization of business insolvencies in 2022.
The Euler Hermes Global Insolvency Index is likely to post a +15% y/y rebound in 2022, after two consecutive years of decline (-6% forecast in 2021 and -12% in 2020).
While the wave of insolvencies has so far been milder than anticipated, mixed trends are expected across the world.
In less developed markets, such as Africa or Latin America, the number of insolvencies is expected to increase faster compared to more developed economies, such as France, Germany and the US, where the impact of the governmental support is expected to last for longer.
Traditionally, insolvency is a major cause of D&O claims as insolvency practitioners look to recoup losses from directors.
There are many ways that stakeholders could go after directors following insolvency, such as alleging that boards failed to prepare adequately for a pandemic or for prolonged periods of reduced income.
Market volatility, climate change and digitalization key issues
The financial services industry, but also companies from other sectors, continues to face multiple risk management challenges in the current economic climate.
Markets are likely to become more volatile with the increased risk of asset bubbles and inflation rising in different parts of the world.
At the same time, more banks and insurers are expected to assign individual responsibility for overseeing financial risks arising from climate change, while investors are paying closer attention to the adequate and timely disclosure of the risk that it poses for the company or financial instrument they invest in.
The tightening regulatory environment, the prospect of climate change litigation or ‘greenwashing’ allegations could all potentially impact D&Os.
Meanwhile, digitalization has further accelerated following Covid-19, creating enhanced cyber and IT security exposures for companies.
This requires firms’ senior management to maintain an active role in steering the ICT (information and communication technologies) risk management framework.
“IT outages and service disruptions or cyber-attacks could bring significant business interruption costs and increased operating expenses from a variety of causes including customer redress, consultancy costs, loss of income and regulatory fines. Last, but not least, brand reputation can also suffer. All this can ultimately impact a company’s stock price with management being held responsible for the level of preparedness,” said Pauline Vacher, head of Financial Lines for South Africa and France.
Heightened litigation risk in the US
Litigation risk continues to be a top D&O concern, in particular around shareholder derivative actions which are increasingly being brought on behalf of foreign companies in US courts.
“A number of new lawsuit filings, the recent openness of certain courts to extending long-arm jurisdiction, and a possibly record-breaking settlement announced in October 2021, point to heightened US litigation risk for directors and officers of non-US domiciled companies,” David Ackerman, Global Claims Key Case Management at AGCS emphasizes.
Since early 2020, a group of plaintiffs’ firms has brought more than 10 derivative lawsuits in New York state courts on behalf of shareholders of non-US companies seeking to hold directors and officers legally and financially accountable for various breaches of duty to their corporations.
The financial hurdles to bring suit in the US are significantly lower than in many other countries, while US courts and juries are considered more plaintiff-friendly than many others around the world.
The consequences to directors and officers forced to defend themselves in derivative litigation before US courts can be severe.
In what may turn out to be a record-setting settlement for a US derivative lawsuit, in October of this year defendants agreed to pay a minimum of US$300mn to settle litigation brought in a New York state court by shareholders of Renren, a social media corporation based in China, and incorporated in the Cayman Islands, after allegations of corporate misconduct.
Scrutiny over SPACs
Another emerging risk in the global D&O insurance space comes from the growth of so-called Special Purpose Acquisition Companies (SPACs), also known as ‘blank check companies’.
These represent a faster track to public markets. Advantages fueling the growth of SPACs over traditional Initial Public Offerings (IPOs) include smoother procedures, less regulatory and process burdens, easier capital sourcing and shorter timelines to complete a merger with target companies. During the first half of 2021, the number of SPAC mergers in the US, both announced and completed, more than doubled the full year total of 2020 with 359 SPAC filings, garnering a combined US$95bn raised.
The growth of SPACs in Europe may not match the scale of the US boom, but there is still a growing expectation that it will increase despite a less favorable company law environment compared to the US.
In Asia the market is slowly gaining momentum with a significant uptick in companies in China, Hong Kong and Singapore as a new route to accessing capital markets.
SPACs carry a set of specific ‘insurance-relevant’ risks, and losses are already reported to be flowing through to the D&O market as both the SPAC and the private target company typically obtain D&O coverage.
“Exposures could potentially stem from mismanagement, fraud or intentional and material misrepresentation, inaccurate or inadequate financial information or violations of rules or disclosure duties,” said David Van den Berghe, global head of Financial Institutions at AGCS.
In addition, a failure to finalize the transaction within the two-year period, insider trading during the time a SPAC goes public, a wrong selection of a target to acquire or the lack of adequate due diligence in the target company could also come into play. Post-merger the risk of the go-forward company to perform as expected or failure to comply with the new duties of being a publicly-listed company also needs to be considered.
E-Business
CAC Urges Users to Secure Accounts after Cyberattack Scare

Corporate Affairs Commission (CAC) has raised alarm over a cybersecurity incident involving unauthorised access to parts of its information systems, urging users to update their login credentials as a precaution.

In a public notice yesterday, CAC, informed stakeholders that the Commission is currently reviewing the breach and assessing its potential impact.
According to the Commission, response protocols have been activated, with containment measures already in place to safeguard affected systems.
The CAC stated that it is working closely with the National Information Technology Development Agency (NITDA) and other relevant government agencies and partners to determine the scope of the incident and prevent further compromise.
“Appropriate containment measures have been implemented, and additional safeguards are in place,” the Commission stated, while advising users to monitor activities on the CAC portal and remain cautious of unsolicited communications that may arise from the breach.
Reports online claim that as many as 25 million documents may have been exfiltrated from the Commission’s infrastructure.
The claims, attributed to a cybercrime-tracking account, have not been independently verified, and the CAC has not confirmed the figures or identified any perpetrators.
The development has raised fresh concerns over the security of Nigeria’s corporate registry, particularly given the Commission’s increasing reliance on digital systems.
In February 2026, the CAC disclosed that it processes up to 10,000 business registration requests daily, following the deployment of artificial intelligence across its service delivery platforms.
It also handles an average of 5,000 customer enquiries each day via emails and call centres.
Despite the breach, the Commission reaffirmed its commitment to maintaining the integrity and security of its systems, assuring stakeholders that updates will be provided as investigations progress.
E-Business
Bridging the Divide: The Fund We Owe Our Children

By Eric Gumbo, MBS
The writer is a partner at G&A Advocates LLP, a firm with two decades of experience advising on infrastructure, capital markets, and regulatory law across East Africa.

In 1961, John F. Kennedy promised the American people something that, by any rational measure, should have been impossible: that the United States would land a man on the moon and return him safely to earth before the decade was out.
The technology did not yet exist. What existed was the decision to begin. Six decades later, that decision is still paying forward.
On April 1, 2026, NASA’s Artemis II lifted off from Kennedy Space Center in Florida, carrying four astronauts on a ten-day journey around the moon, the first crewed lunar mission in over fifty years.
It was a test flight, one rung on a ladder that future missions will continue to climb. The greatest national achievements are rarely completed in a single term. They are built incrementally, passed from one generation to the next.
Kenya is at a similar moment today. Having spent two decades advising on infrastructure and regulatory frameworks across East Africa, I have seen the pattern repeat: the countries that succeed are not those with the most resources at the outset.
They are the ones that build the strongest legal and institutional foundations beneath their ambitions. The Sovereign Wealth Fund framework is Kenya beginning to do exactly that.
The Draft Sovereign Wealth Fund Bill proposes to gather revenues from oil, minerals, privatisations, and strategic investments into a single disciplined framework. Its three purposes are clear: stabilise revenues when commodity prices fall, finance critical infrastructure, and preserve savings for future generations.
With oil reserves estimated at 560 million barrels and resource revenues projected to exceed $1.5 billion annually, Kenya is not a poor country imagining wealth. It is a resourced country deciding whether to spend that wealth on today or invest it in tomorrow.
“A sovereign wealth fund is not a savings account. It is a declaration that we believe our country’s best days are ahead, and that we intend to fund them.”
The wise farmer does not eat all the seed after the harvest. She saves enough for the next planting season, because what she holds today is not just food. It is the future.
Those entrusted with managing this fund must act not as owners, but as caretakers. Nigeria’s oil revenues once promised national transformation; five decades later, the Niger Delta remains among the most underdeveloped regions on the continent, a cautionary tale written in squandered windfalls and weak institutions.
The Santiago Principles, which the draft bill aligns with, exist precisely to prevent that story from repeating. Auditors, parliament, civil society, and the media must be empowered to scrutinise this fund as its guardians, not as obstacles to it.
Kenya is not venturing into unknown territory. Botswana built the Pula Fund from diamond revenues and transformed one of Africa’s smallest economies into one of its most stable. Ghana’s Petroleum Funds have cushioned oil shocks and preserved a heritage for future generations.
Both succeeded not because they struck lucky, but because they built the governance architecture to protect what they found.
From M-Pesa to the 2010 Constitution, Kenya has a documented history of building things others eventually copy. The Sovereign Wealth Fund is the next chapter.
But it must be written with discipline and institutional independence that outlasts any single administration. Visible returns, better hospitals, more schools, jobs funded by resource revenues rather than donor goodwill, are what will determine whether ordinary Kenyans trust this fund across generations.
When we extract minerals from Kenyan soil today, coal from Kitui, rare earth elements from Kwale, gold from Migori, we are drawing down on a balance sheet that does not belong to us alone. It belongs to the Kenyan who will be born twenty years from now, who never had a vote in how we used her inheritance.
As Xi Jinping has put it: “We must act on the responsibility to our ancestors, our generation, and those yet to come.” The Sovereign Wealth Fund is how Kenya answers that responsibility. Not with words, but with architecture that lasts.
E-Business
Nigeria Needs Some 480,000 Local DPOs for Data Protection

Nigeria needs some 480,000 data protection officers (DPOs), to develop, implement, and oversee organizations’ data privacy strategy to ensure compliance with laws like the GDPR and the Nigeria Data Protection Act (NDPA).

Currently only about 10,000 individuals possess the necessary certification highlighting a major skills gap, according Vincent Olatunji, national commissioner, Nigeria Data Protection Commission (NDPC).
Olatunji spoke on Monday at the second edition of its Data Protection Officers training and certification programme in Abuja and Lagos.
He said that the NDPC has domesticated the certification of data protection officers (DPOs) to address the widening gap in certified DPOs, despite steady growth in the number of trained professionals over the past three years.
“At the moment, we have about 10,000 certified DPOs to work in that space. The gap of about 480,000 still exists,” he said.
The shortfall reflects rising demand for data privacy skills as more businesses, government agencies and digital platforms process personal data under the Nigeria Data Protection Act.
Olatunji said the number of certified DPOs has grown from fewer than 1,000 three years ago to over 10,000, while more than 27,000 professionals now operate within Nigeria’s wider data protection ecosystem.
He said the commission is scaling up training and certification efforts to close the gap and position Nigeria as a leading source of data protection talent in Africa.
“Our goal is to make Nigeria the go-to country when it comes to sourcing qualified data protection officers in Africa,” he said, adding that the certification meets global standards.
The NDPC said expanding the talent pool could also support job creation and strengthen trust in Nigeria’s digital economy.
Tolu Fadipe, head of research and development at the commission, said data protection is becoming critical as the country moves deeper into digital systems and emerging technologies.
“As we move towards a digital economy, data becomes central and protecting that data is essential,” she said.
Adeola Sopade, lead trainer, said participants in the programme would be trained on global best practices, including data protection principles, compliance requirements and handling user data requests.
The training also includes practical exposure and internships with organisations to improve job readiness.
Participants said the programme offers opportunities for young Nigerians to build careers in technology and prepare for emerging fields such as artificial intelligence.
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