Emerging D&O Risk of 2012

Emerging Risk

The top risks identified in our recent survey of risk and coverage issues for directors were:

  1. Regulatory and other investigations and enquiries
  2. Criminal and regulatory fines and penalties
  3. Anti-corruption Legislation (including the UK Bribery Act)
  4. Employment practices claims (harassment, age and sex discrimination)
  5. Risk of being sued abroad
2011 Directors’ Liability Survey

Read our 2011 Directors’ Liability Survey: Directors in peril – insurance and indemnity in risky times

What do you get if you put 4 out of 5 of these risks (all but employment practices claims) together, stir vigorously and add a pinch of regulatory zeal? The answer is a perfect storm of cross-border cooperation between regulators and extra territorial reach of new anti-corruption legislation.

The most recent example of this is the UK Bribery Act. The act is under the auspices of the Serious Fraud Office (SFO), which, anxious to make a case to the UK Government for its continued existence, will wish to find early promising targets for its new-found powers. There is not likely to be any shortage of candidates.

As my recent blog made clear, the risks here for directors are not restricted to direct prosecution for corruption. In casting their nets more widely, the UK and US authorities (under the Foreign Corrupt Practices Act) are able to avail themselves of more effective cooperation agreements with other international regulators than ever before.

In Asia for example, regulators such as the Securities Commission in Malaysia, the Monetary Authority of Singapore and the Securities and Futures Commission in Hong Kong, vie with each other to demonstrate their determination for zero tolerance to financial crime. Also the recent Siemens prosecution announced in Argentina, coming as it does after the company’s well publicized earlier problems in this area, shows that lightning can strike more than once for a large global company.

This post was part of the special feature about What Risks Will Emerge in 2012?, published January 24, 2012. The feature also covered emerging risks in these other fields:
Aerospace
Analytics
Captives
Employee Safety
Energy
Engineering
Environmental Liability
Financial Institutions
Health Care
Life Sciences
Mining
Political Risk
Power & Utilities
Renewable Energy
Supply Chain Interruption
Terrorism
Trade Credit

About Francis Kean

Francis is an Executive Director in Willis Towers Watson's FINEX Global, where he specializes in insurance for Dir…
Categories: Directors & Officers

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