Category Archives: Directors & Officers

Directors’ Liability Regime Changes – In Force Today!


Over a year ago I blogged about significant proposed changes to the Directors Disqualification Regime and to the rules relating to assignment of rights of action against directors of insolvent companies.  I wrote: It is perhaps unlikely in the current … Continue reading →

Does the Attorney General’s Memo Mean the End of the Open Kimono Approach to Prosecutors?

DOJ: individual accountability for corporate wrongdoing

The theme to which I find myself returning more often than any other at the moment is that of individual accountability for corporate wrongdoing. Just when I am thinking I should be giving it a rest, my attention is wrenched … Continue reading →

Is it Still a Good Idea to Agree to Act as a Nominee Director?

director nominee

There have been a number of cases in which the courts have examined and reaffirmed the nature of a director’s duty to exercise independent judgment. Particular problems can arise, though, when directors are appointed as nominees of a particular shareholder … Continue reading →

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


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


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”


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”


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 →