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.

A New Litigation Landscape in the UK?

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 →

Secrecy Around Kwok Brothers’ Arrest Raises D&O Challenges

The secrecy surrounding the arrest in Hong Kong of Raymond, Thomas, and Walter Kwok can cause challenges for the accused, advisers, witnesses, and D&O insurers. Continue reading →

U.S.-Style Corporate Plea Bargains “Imminent” in U.K.

The UK’s Solicitor-General has announced an imminent consultation paper relating to the introduction of US style Deferred Prosecution Agreements (DPAs) for companies. This type of arrangement has been in place in the US for some time and is often used … Continue reading →

Boards Need to Wake up to Cyber Threats and Liabilities

Hand Shadow Over Keyboard

There is a whole universe of potential cyber risk not understood at a board level, and company directors must wake up to cyber threats or risk litigation from all sides. Continue reading →

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

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

Two Mega D&O Lawsuits Pending in Japan

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 →

Directors Waiving Bonuses Can Still be Taxed on Them

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

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 →

Emerging D&O Risk of 2012

What do you get if you put 4 out of 5 risk and coverage issues for directors together, stir vigorously and add a pinch of regulatory zeal? Continue reading →

Beware of Sleeping Dogs in Hong Kong and Beyond

How long can you as a defendant director afford to do nothing if, after you are sued, the claimant does little or nothing to move its case against you forward? That is the question with which the Hong Kong Court of Final Appeals had to grapple in its recent judgment regarding the liquidated Wing Fai Construction Co. Ltd. Continue reading →