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.

Supreme Court victory for U.K. Financial Conduct Authority spells trouble for senior managers

The recent U.K. Supreme Court decision in Financial Conduct Authority V Macris has clarified the law—but not in a way that will give comfort to senior managers. Continue reading →

A new regulatory threat for directors of U.K.-listed companies

You are a director of a U.K.-listed company but not its Chief Financial Officer. A significant error is discovered in the financial statements going back several years, as a result of which the accounts have had to be restated. If … Continue reading →

The English Court of Appeal holds a senior manager strictly to account for negligence

As a senior manager, can you be summarily dismissed under English law for gross misconduct not as a result of deliberate or dishonest conduct but instead due to a negligent failure to act, even when this has caused your employer … Continue reading →

Hong Kong to introduce new “Senior Managers Regime”

There was speculation, following the introduction of the Senior Managers Regime (SMR) in the U.K., that other regulators would follow suit and introduce similar regimes in their countries. It looks as if Hong Kong will now be the first to … Continue reading →

Destruction of computer records leads to prison sentence for director

It may cross your mind to throw your computer out of the back window as the Serious Fraud Office comes knocking on the front door but, as a case decided just before Christmas 2016 shows, it is probably a terrible … Continue reading →

Making U.K. directors personally liable for data privacy breaches

One proposal for the U.K.’s new Digital Economy Bill is for company directors to become personally liable for fines resulting from nuisance calls made by their companies. Continue reading →

Cyber attack: Ignorance and inaction are no defence

For any company that relies on computers (i.e. just about any company), cyber risk is real, serious and unavoidable. Given that all company directors are legally obliged to promote the success of the companies they serve and, in doing so, … Continue reading →

Am I exposed to/protected from regulatory liability? Search me!

I took part recently in a webcast run by the British Bankers Association (BBA) entitled: “What to do When the Regulator Comes Calling” . Continue reading →

Should general counsel have “overall responsibility” for a firm’s legal function?

Sounds like there should be an obvious answer to the question in my headline? Instead in the case of U.K. financial institutions it may turn out to be a case of “be careful what you wish for”. Continue reading →

U.S. parent company experiences effect of U.K.-style deferred prosecution agreement for bribery

The U.K. subsidiary of a U.S.-registered corporation has recently entered into only the second ever U.K. court sanctioned deferred prosecution agreement (DPA). DPAs have long been a feature of the U.S. criminal corporate justice system. They recently hit the headlines … Continue reading →