Tag Archives: Directors and officers liability

The Network Information Systems Directive and the requirement on directors to get a little more technical

close up of woman looking at a tablet

Chances are you’ve heard about the GDPR (General Data Protection Regulation), but how about its lesser known cousin, the Network Information Systems Directive (NIS Directive)? This came into force in the U.K. on May 10, 2018, through the Network Information … Continue reading →

The truth about directors’ duties in the U.K. and the business judgment rule

Judge standing in the hallway of a courthouse talking to a female attorney

Between 1742 and 2017 it seems there have been 130 cases in which the discharge of directors’ duties in the specific context of the business judgment rule has come under scrutiny by the English courts. In 82 of these, the … Continue reading →

Do D&O insurance policies cover claims for ‘damages’ brought by insolvency practitioners?

A judge talking to two lawyers in the hall of a marble building

With D&O policies becoming longer and more complex, an increase in claims activity and signs that the market may be hardening, the need to focus on the important stuff has never been greater. I have often blogged before about the … Continue reading →

Are new laws that will make directors of holding companies accountable for the sale of distressed subsidiaries a charter for zombies?

black crow and a pigeon standing on a slab of concrete surrounded by water

I’ve written before about the extent to which English courts have been prepared to lift the corporate veil and hold a parent company responsible for the acts and defaults of another company in the same group. In the Chandler case, … Continue reading →

Can you rely too much on professional advice as a director?

two men conversing beside conference table in office

Blame the lawyers is a familiar refrain. As one myself, I recognize the accusation. There is perhaps a connection between the uncertain times in which we live and the stellar earnings reported recently by Magic Circle law firms. From sanctions … Continue reading →

Three tips for senior managers seeking to avoid reputational damage

man in a suit leaning over a railing

A theme to which I often return is the extent to which there is scope for divergence of interest between individuals and their employers, especially in the context of regulatory investigations. For more, see my blog, Supreme Court victory for … Continue reading →

There are four million U.K. companies, but how many buy D&O insurance?

Red phone booth on London street with Big Ben and other buildings in the background

At the end of March 2018, the number of companies on the total register of U.K. companies surpassed four million for the first time ever, reaching 4,033,355. Although the number on the effective register (i.e. companies not in dissolution or … Continue reading →

Does public policy prevent recovery for fraud under Delaware law?

Delaware state seal

An interesting recent Directors and Officers (D&O) decision of the Delaware Court challenges the tacit assumption that public policy necessarily prevents recovery from insurers in cases where fraud and deliberate misconduct is alleged. The case concerns an action brought by … Continue reading →

Is Belgium pitching for more company head offices with new law limiting director liabilities?

man in a suit with a watch signing a contract

With a lot of attention right now on head office location, not least in the context of BREXIT and passporting under European Union rules, there may be a new factor to bear in mind. My thanks go to Bart Vanstaen … Continue reading →