Tag Archives: Directors and officers liability

Claims against directors for failure to insure against cyber risk are more likely now

woman using a tablet in a dark stairwell

You would have thought it would be a good idea to have a complete answer to a data breach claim. Not so. That was the surprising (to some) outcome of a recent Court of Appeal decision claim in a case … Continue reading →

Being thrown under the bus: Why directors should worry about deferred prosecution agreements

close up of gavel on judge's desk

A theme to which I frequently return is the potential for conflicts of interest between companies and their senior management. I do so — not to scaremonger — but to challenge the often held assumption that, provided they have not … Continue reading →

Settlement deliberations are not privileged

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

You sit on the board of a company which is sued for £100 million. The company’s lawyers advise that the claim is a try-on and should be resisted. Three years later, after £2 million has been spent on defense costs … Continue reading →

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

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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

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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 →