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D&O and FI Newsletter - Autumn 2021

Published 15 October 2021

DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and contacts

Informed Insurance delivers fresh thinking on hot topics across the full spectrum of insurance risks and our global locations.

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Climate change – turning up the heat on company directors

Governments, regulators and investors are increasingly aware of the enormity of the climate crisis.

Corporate Criminal Liability – What potential law reforms could mean for D&O Insurers

Later this year, the Law Commission (”LC”) is expected to publish an assessment of the options to reform the law on Corporate Criminal Liability (“CCL”) in the UK.

The Rating (Coronavirus) and Director Disqualification (Dissolved Companies) Bill – what is it and what does it mean for directors?

A new Bill is making its way through Parliament which, if enacted, will allow former company directors to be disqualified, even after the company in question has been shut down.

NatWest put through the wringer with money laundering guilty plea

In our Spring 2021 D&O Newsletter, we reported on the FCA’s decision to pursue criminal proceedings against NatWest and what that might mean for directors.

In December last year, we commented on the Supreme Court’s landmark decision in Mastercard Incorporated and others vs. Walter Hugh Merricks CBE, in which an earlier decision of the Competition Appeal Tribunal (“CAT”) was remitted back to that body for re-hearing.

State of Qatar v Banque Havilland: Litigation privilege - the “dominant purpose” test revisited

The doctrine of litigation privilege exists to protect sensitive documents that are prepared in the contemplation of litigation from being disclosed to adversaries.

Silent Cyber: What’s all the noise about?

Cyber-attacks in recent months have become increasingly prominent as threat actors have capitalised on the disruption of the Covid 19 pandemic on business operations.

From Panama to Pandora – lifting the lid on the offshore sector again

The offshore sector is once again making international headlines following a leak of millions of documents to a group of investigative journalists.

Petrofac pleads guilty to ‘failure to prevent bribery’, ordered to pay £77 million

On 1 October 2021, Petrofac, the London based energy company, pleaded guilty to ‘failing to prevent bribery’, the corporate criminal offence created by Section 7 of the Bribery Act 2010.

Francesca Muscutt

London - Walbrook

+44 (0)20 7894 6189

fmuscutt@dacbeachcroft.com

Graham Ludlam

London - Walbrook

+44 (0)20 7894 6442

gludlam@dacbeachcroft.com

William Allison

London - Walbrook

+44 (0) 20 7894 6440

wallison@dacbeachcroft.com

Competition Appeal Tribunal certifies class action against Mastercard

By Jamie Tomlinson

In December last year, we commented on the Supreme Court’s landmark decision in Mastercard Incorporated and others vs…