Tag Archives: D&O

A New Litigation Landscape in The UK?

by Francis Kean, May 16, 2012 | Posted in Directors & Officers, Featured

This month, Royal Assent was granted to the unpromisingly named “Legal Aid, Sentencing and Punishment of Offenders Act”.  Although you would not guess it from the title, aspects of this new Act have the potential significantly to alter the landscape … Continue reading → Continue reading →

SEC Imposes Record Fine Against U.K. Hedge Fund Manager

by Michael White, April 6, 2012 | Posted in Financial Services

The SEC has obtained a record fine against a U.K. hedge fund manager—a judgment with serious implications for financial services officers. Continue reading → Continue reading →

10 Questions No Non-Executive Director Should be Afraid to Ask

by Francis Kean, March 19, 2012 | Posted in Directors & Officers

Ten questions to help non-executive directors (“NED’s”) determine whether they enjoy adequate protection under a company’s D&O program. Continue reading → Continue reading →

Two Mega D&O Lawsuits Pending in Japan

by Francis Kean, February 13, 2012 | Posted in Asia, Directors & Officers

Officials and Judges at the Tokyo District Court are likely to be working overtime in the coming weeks and months. Two of the largest claims to have been made in Japan are likely to commence at virtually the same time.  … Continue reading → Continue reading →

Directors Waiving Bonuses Can Still be Taxed on Them

by Francis Kean, February 9, 2012 | Posted in Directors & Officers

As the battle against spiralling directors’ bonuses continues unabated in the UK, I came across this interesting and topical snippet from accountants BKL on the perils of renouncing directors’ bonuses. Continue reading →

“Business Common Sense” Prevails in Commercial Contract Dispute

by Francis Kean, January 26, 2012 | Posted in Directors & Officers

A recent decision by the UK Supreme Court in Rainy Sky S.A. and others v Kookmin Bank marks a subtle but welcome change of approach to the interpretation of commercial contracts including of course insurance contracts. Continue reading →

Beware of Sleeping Dogs in Hong Kong and Beyond

by Francis Kean, January 16, 2012 | Posted in Directors & Officers

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SFO to “Vigorously Pursue” Investors Who Benefit From Illegal Company Dividends

by Francis Kean, January 13, 2012 | Posted in Directors & Officers

A warning issued by the UK’s Serious Fraud Office (SFO) yesterday has left investors quaking in their boots. As reported in the Financial Times today, the SFO has for the first time won a Civil Recovery Order under The Proceeds … Continue reading → Continue reading →

D&O Insurance: Mind the Gap

by Francis Kean, December 14, 2011 | Posted in Directors & Officers

To what extent is there a gap between the actual or perceived risk factors affecting directors of large companies in the current economic climate and the insurance designed to protect against these risks? That was the question which lay behind … Continue reading → Continue reading →

Rakoff SEC-Citigroup Ruling Sends Chills Through Wall Street

by Ann Longmore, December 2, 2011 | Posted in Directors & Officers

What are the implications of Judge Rakoff's decision to block the SEC-Citigroup settlement for Wall Street and Directors and Officers? Continue reading → Continue reading →