Tag Archives: insolvency

A serious warning from the New Zealand courts for directors of subsidiaries of foreign-owned parents

gavel on a desk with some legal reference books in the background

In a globalized economy, directors of foreign-owned companies need to consider the impact of foreign law, regulation and practice governing the parent. Continue reading →

Stockpiling for Brexit? Make sure your credit insurance covers you

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Many businesses involved in the supply chain for vital goods are stockpiling in preparation for any possible disruption after Brexit. While this makes sense in terms of ensuring continuity of supply, businesses must also be aware of the accompanying risks. Continue reading →

2019: The year regulators force insurers to account for sustainability risks on their balance sheets

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The European Insurance and Occupational Pensions Authority (EIOPA) has released its latest sustainability proposals (EIOPA-BoS18/483), which are wide ranging and could have significant implications for insurers’ investment strategies, risk and actuarial functions, product pricing, design and sales processes. They involve … Continue reading →

What could the Prudential Regulation Authority’s proposal on managing climate change risk mean for insurers?

Men in headsets looking at a weather map with a computer monitor behind them

The launch of a consultation paper on the approaches to managing financial risks arising from climate change will transform the way that organizations do business. But how should insurers react – and what are the risks? The Prudential Regulation Authority … Continue reading →

Serious Fraud Office victory in long arm jurisdiction case

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A lot of press attention has been directed to the recent defeat of the Serious Fraud Office (SFO) in the Court of Appeal in its attempt to prevent a company under investigation from relying on litigation privilege to withhold documents. … 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?

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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 →

The importance of D&O insurers’ commitment to advance defense costs

close up of gavel on judge's desk

The problem One of the most important provisions in any D&O policy is the commitment by insurers to advance defense costs pending the resolution of the claim. That’s because many large and complex claims, including U.S. securities claims, take many … Continue reading →

Scariest D&O Risk: Insolvency

What should be keeping board members awake now is the fear of finding themselves suddenly shorn of the protection usually afforded by the corporate veil. Continue reading →