Category Archives: Directors & Officers

The Chief Risk Officer: When a Triangle Becomes a Square

4 executives

The traditional shape for the apex of a pyramid is a triangle, right? Translate that into an organogram for any large organisation and you can be sure that the three corners will be occupied respectively by the Chief Executive, the … Continue reading →

The Age of Irresponsibility Is Over – You Heard It Here First

Bank of England

It’s not often that a single speech provides enough material for a blog piece, but when that speech is by the Governor of the Bank of England and expressly calls for a significant expansion of the regulatory regime as well … Continue reading →

New UK Law Targets the Puppet Masters

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The unpromisingly named Small Business, Enterprise and Employment Act 2015 received Royal Assent on 26 March 2015. It didn’t attract much press attention at the time perhaps because it contained such a diffuse range of measures, some of which have … Continue reading →

When Your Director is Tried in Absentia

Egypt-Insurance

Fancy a spell in an Egyptian jail? Perhaps unsurprisingly the answer from each of the senior executives of a major UK retailer concerned was an emphatic no. Nevertheless, according to recent reports in The Times, both had been sentenced in … Continue reading →

Challenging the “Murder on the Orient Express Defence”

UGPP COLOMBIA SEGURIDAD SOCIAL

The latest slew of fines against banks (almost US $6 billion) in wake of the FOREX scandal has attracted predictable headlines from the press along the lines of “How can it be that so few individuals have been held to … Continue reading →

Life Sciences Executives and Off-Label Allegations: An Insurance Perspective

off label medication

The headline was quite disturbing: “Executives Charged with Securities Fraud and Crimes Related to Sale and Distribution of Medical Devices”. One of the first questions that an executive may ask is “can this claim be covered by insurance?” Well, the … Continue reading →

The Benefits of Seeking “Appropriate” Legal Advice “at the Right Time”

attorney

How often are directors warned of the need to seek professional advice? There is no doubt that it can be an invaluable antidote to the tendency of regulators, prosecutors and litigants to apply hindsight when bringing proceedings. “If only you … Continue reading →

Cyber Crime Attracts New Life Sentence in the UK

crime laptop

Any doubts that the UK Government may not be taking cyber-crime seriously enough should have been dispelled on May 3rd 2015 when an amendment to the Computer Misuse Act 1990 comes into force for the first time. For serious computer-related … Continue reading →

Claims – Made and Rejected

deadline

Multiple recent state court decisions have favored insurance companies in directors & officers (D&O) liability cases that hinged on the issue of the timely reporting of claims under claims-made-and-reported policies. These rulings have held that matters not reported in a … Continue reading →

Corporate Manslaughter Charges in the Public Sector

toe tag

It was always perhaps more a question of “when” rather than “if”, but Maidstone and Tunbridge Wells NHS Trust now has the dubious distinction of being the first National Health Service Trust in England and Wales to be charged with … Continue reading →