Blogger Archives: Francis Kean

Francis Kean

Francis is an Executive Director in Willis Towers Watson's FINEX Global, where he specializes in insurance for Directors & Officers (D&O) of companies. He joined Willis in 2010 and has 25 years of experience as a leading litigation lawyer specializing in professional indemnity, financial institutions and directors and officers liability in the London insurance market.

You And Whose Army?

D&O, directors and officers insurance, Ukraine, insurance, risk,

Ukrainian insurance companies, in common with other insurers in the new fledgling States of what used to be the USSR like Azerbaijan and Kazakhstan, are turning their minds to the potential market for D&O insurance. A most basic and yet … Continue reading →

Are They Out to Get You? Some Sobering Statistics on Extradition

extradition

Statistics suggest that extradition to the US is much less likely to occur than extradition to Europe under the system of European Arrest Warrants. It also seems to be the case that the UK does indeed seem to attract a … Continue reading →

An Obligation on Accountants to Advise Their Clients to Avoid Tax?

tax, Starbucks, Google, UK tax, HMRC, tax avoidance,

The recently published judgment of High Court Judge Mr Justice Silber in Mehjoo v Harben Barker considers whether accountants are obliged to advise their clients to avoid tax and if so, so how does it sit with all the criticisms … Continue reading →

The Insurance Policy That’s Afraid to Speak its Name – Do Companies Need a D&O Guru on the Board?

D&O insurance, financial and executive risk, D&O policy, directors and officers insurance

Given the headlines surrounding financial scandals, eye-watering fines levied by regulators, the threat of extradition or being roasted by a House of Commons Select Committee, now is a good time to engage with the key stakeholders of D&O insurance: the senior … Continue reading →

The Last Word on Piercing the Corporate Veil

piercing the corporate veil, D&O insurance, directors and officers, English law, Yasmin Prest, Prest v Petrodel Resources Limited and others

On 12 June 2013, The Supreme Court handed down a judgment in a matrimonial case, Prest v Petrodel Resources Limited and others, which clarifies English law on the extent to which, and circumstances in which, a Court may be prepared … Continue reading →

Spotlight on Cyber – Boards Lack Understanding of Vast Cyber Risk

World Cyber Risk

So far as directors’ and officers’ liability is concerned, there is a whole universe of potential cyber risk not understood at board level. Continue reading →

Is a Director Able to Say “I Was Only Obeying Orders?”

directors and officers, D&O insurance, Bernie Madoff, Madoff Ponzi scheme

The English Commercial Court is about to re-engage with one of the many spin-off pieces of litigation arising from the collapse of the Madoff Ponzi scheme. The case in question is Madoff Securities International Limited (“MSIL”) v Raven and Others. … Continue reading →

Where The Buck Stops: Individual Accountability for Corporate Misfeasance

LIBOR rate

I blogged a little while back on the fascinating battle underway between Barclays and Guardian Care Homes to do with the manipulation of the LIBOR rate. The key question in that case, in which Guardian is alleging deceit against the … Continue reading →

Corporate Manslaughter, Directors Duties and the Meaning of Neglect

D&O, directors and officers insurance, corporate manslaughter

I posted a blog a little while back on the subject of corporate manslaughter which seemed to provoke a lot of interest not least from the Japanese broadcasters NHK who were researching a documentary on the subject. More recently I … Continue reading →

Variations on Piercing the Corporate Veil

D&O, directors, insurance

We all know that a company has a separate legal personality and that only in very exceptional cases will the courts be prepared to pierce the corporate veil and look behind it to its owners and managers so as to … Continue reading →