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.

Insuring Against Fines and Penalties

Lawbooks Stacked

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which was given Royal Assent on 1st May 2012) is a subject on which I have previously written. It is, however, worth drawing attention to in another context which bears … Continue reading →

Does Your D&O Policy “Walk the WALC”?

Walking the WALC

Much (perhaps too much) has been said and written about the nature and scope of D&O insurance – not least by me. The reality nevertheless remains that few directors (unless they have been unlucky enough to experience a claim) are … Continue reading →

Hontex Ruling Raises D&O Questions

HongKong Stock Exchange Legal Ruling

A recent ruling by Hong Kong regulators against Hontex, a high-tech fibre manufacturer, raises some interesting questions around the extent of D&O insurance. The update related to an order made by the Courts in Hong Kong against Hontex International Holdings Company Limited, which required them to buy back HK$1.03bn, (approx. US$130m) as a result of false and misleading information in a prospectus. Continue reading →

Farepak: A Silver Lining for the Directors but a Dark Cloud for the Banks

Lawbook and Glasses

Remember the collapse of Farepak in October 2006 and the resulting furor when over 100,000 customers lost deposits to secure their Christmas and other food and retail vouchers? A lot of that outrage was directed at the board of Farepak … Continue reading →

Professional Privilege – Who Does Your Lawyer Represent?

Defense Chairs in Court

I have previously blogged on the vital but sometimes overlooked question as to legal/professional privilege and the nasty sting in the tail it can contain for directors. Simply stated, the issue is whether, at the time a lawyer is giving advice … Continue reading →

The Issue of Disclosure: Insurance Law Reform

Lawbooks

In June the English and Scottish Law Commissions issued a final consultation paper dealing with a policyholder’s duty of disclosure in a business context.Last month the English and Scottish Law Commissions issued a final consultation paper dealing with a policyholder’s duty of disclosure in a business context. Continue reading →

The Bribery Act Gets Off to a Slow Start

UK Bribery Act

With the Bribery Act’s main prosecuting authority distracted, it is perhaps not surprising that the only successful prosecution involving the Bribery Act so far in the UK has been brought by the Crown Prosecution Service. Continue reading →

The Three Biggest EU Challenges for General Counsel

Courtesy of Ann Longmore, I spotted a recent report of the 2012 European General Counsel forum held in London last month and hosted by Consero Group.  The three most pressing issues for European in-house lawyers identified by that forum were … Continue reading →

A Cautionary Tale for Company Secretaries & General Counsel

On 3rd May 2012 the highest Appeal Court in Australia delivered a judgment focusing on the importance the Court attaches to the accuracy of board minutes and press releases, confirming the need for general counsel and company secretaries to have … Continue reading →

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 →