Directors' and Officers' By William Allison Find advice, commentary and thought leadership on all aspects of Director's & Officer's Insurance; from contract formation through to complex claims resolution and coverage. Keep up to date with corporate, commercial, transactional and…
Financial Crime and Corruption By Jonathan Brogden Topical news and thought leadership on issues relating to economic crime, money laundering, bribery and corruption.
Corporate Optimism - When a Puff is more than just hot air By Graham Ludlam In the US, courts have largely found statements of “puffery”, also described as “corporate optimism”, to be non-actionable. In the wake of the #MeToo movement and the Covid-19 pandemic however, plaintiffs are undeterred and the landscape is being…
Quincecare Duty and Dishonest Assistance – High Court provides guidance on novel quantum argument By Francesca Muscutt In recent years there have been a number of claims brought against financial institutions alleging a breach of the Quincecare duty. This latest decision of the High Court in Stanford International Bank v. HSBC considered a novel point -…
The impact of the Supreme Court judgment in Sevilleja v Marex on D&O claims By William Allison The recent Supreme Court judgment in Sevilleja v Marex (July 2020) has narrowed the scope of the legal principle of reflective loss. It confirms that reflective loss does not prevent claims by non-shareholders, which may increase the likelihood…
Tesco Shareholder Litigation settles: a sign of the complexities of bringing securities class actions under s90A FSMA? By Graham Ludlam October 2020 was all set for the first ever trial of claims brought by shareholder groups under Section 90A Financial Services and Markets Act 2020 (FSMA) against a company. However, we will all need to wait for the court to dip its feet into the…
Boohoo - A tearful lesson on supply chain ethics? By William Allison On 24 September 2020, Alison Levitt QC published her independent report into the fashion giant, Boohoo PLC. This followed investigations and a report in July 2020 by The Sunday Times which found poor working practices in the company’s Leicester…
Strictly Boardroom – why dancing around issues of diversity and inclusion is a risk for D&Os By Sarah Crowther Two events have defined 2020: Covid-19 and the Black Lives Matter movement. Whilst these events have tragedy at their core, they have brought into sharp focus the need for, and benefits of, diversity and inclusion (“ D&I ”) and present a real…
D&O and FI Newsletter - Autumn 2020 Strictly Boardroom – why dancing around issues of diversity and inclusion is a risk for D&Os Two events have defined 2020: Covid-19 and the Black Lives Matter movement. Whilst these events have tragedy at their core, they have brought into…
Insurance Policies in LatAm in times of COVID-19 By Andrés Amunátegui Echeverría As promised in our previous Alert and for the purpose of contributing to the clarification of any concerns or doubts that might arise on the insurance market due to the pandemic affecting the world, we have identified the impact that coronavirus may…
D&O Insurance and the COVID-19 pandemic – claims and considerations for underwriters By William Allison At a time when pandemic-related D&O claims are already being filed in the US courts, should the D&O market in London be fearing Armageddon? This article takes a closer look at some of the claims which we expect to see during this turbulent…
COVID-19 – Reinsurance Questions By Anthony Menzies The COVID-19 crisis is generating insurance claims across the global industry, from event cancellation to property business interruption, travel, health insurance and trade credit, amongst others. As corporate failures gather pace, D&O claims…
