Category Archives: Directors & Officers

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 →

The Perils for Senior Management of Being “Involved” with Bribery and Corruption

see no evil

Bribery and corruption is alive and well. That’s the depressing but perhaps unsurprising finding of a new report by the Organisation for Economic Co-operation and Development (OECD) analysing more than 400 cases worldwide involving companies or individuals over a 15 … Continue reading →

Do You Need a D&O Policy in Japan?

Japanese director

It seems a long time since I first blogged about the problems at Japanese camera maker Olympus.  This all goes back to 2011 when Michael Woodford, then president of Olympus, first blew the whistle about his concerns over payments made … Continue reading →

UK Insurance Act Receives Royal Assent

royal assent

The Insurance Act 2015 received royal assent on 12th February 2015. The Act, which I described as the “the most profound shift in UK commercial insurance law ever,”  introduces key changes to the duty of disclosure in commercial insurance contracts … Continue reading →

Greater Corporate Criminal Responsibility is Coming to the UK

paparazzi

You may have been following the civil damages claim based on phone hacking allegations brought by Sadie Frost, Alan Yentob and other well-known personalities against Mirror Group Newspapers. The trial is currently underway.  Continue reading →

Not Such Good News For Rogue Directors After All

ace up sleeve

Usually, I report on developments (good, bad or indifferent) for honest directors of companies doing their best to avoid personal liability. Until very recently, it seemed there was good news just round the corner for rogue directors seeking to avoid … Continue reading →

Doing Your Incompetent Best as a Director May Still Be an Effective Defence

blindfolded biz person

For me, there was one memorable phrase to emerge from the celebrated (at least in off shore fund management circles) 2011 Cayman Islands Grand Court case of  Weavering Macro Fixed Income Fund Limited (In Liquidation) v. Stefan Peterson and Hans … Continue reading →