Tag Archives: professional liability

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 →

Do design professionals have a fiduciary relationship with their clients?

Man sitting at a desk working on a computer and holding a tablet while a man and woman are standing at a table in the background

The question of whether a design professional is a fiduciary to their clients has been tested over the years. A recent movement has raised this question again that, if successful, would have broad legal implications for licensed design professionals. It’s … Continue reading →

Beware of the relentless spread of personal accountability across borders

Man sitting in the window seat of an airplane looking at a laptop

The acronym FSB probably conjures up for you the Federal Security Service of the Russian Federation, but it also stands for the less well known Financial Stability Board. This is a body established to coordinate at an international level, 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 →

5 professional liability pitfalls every contractor should look out for when taking on a Design and Build project

Framework of house under construction

Design and Build (D&B) contracting blurs the long-standing, traditional lines between designers and builders. With the continuing integration of these services comes increased professional liability (PL) risks for the design-builder — that’s not only responsible for the construction, but also … Continue reading →

M&A and prior acts: Considerations for the design firm

architect measuring blueprints with a protractor and a ruler

There are many reasons a design firm may decide to buy, sell or merge its practice with another firm; however, there are only a few available options when it comes to addressing the prior act exposures of the firm being … Continue reading →