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.
Class actions in Australia – NSW Court of Appeal clarifies approach to aggregation clauses The application of an aggregation provision remains a very fact specific and inherently unpredictable exercise. However, the appeal decision suggests that a typical ‘related wrongful acts’ aggregation provisions will almost inevitably lead to…
Are SMEs leaving the door ajar allowing cyber-criminals to sneak in? By Graham Ludlam It has been well publicised that cyber-attacks have increased dramatically in recent years and that small and medium-sized enterprises (“SMEs”) in particular are vulnerable to such attacks.
Class Actions in the English Courts – Update By William Allison While class-actions are not (yet) a recognised key feature of the English legal system, as they are in the US or Australia, pressure is growing in the UK to allow collective or group litigation case, which appear to favour consumers rights or help…
Are "claims made" policies legal in Peru? The insurance industry in Peru experienced exponential growth between 2006 to 2016, expanding to be the sixth largest insurance market in Latin America by the end of 2016. The market did contract in 2017 and 2018, caused largely by the global…
Climate change for senior managers - Deadline for PRA risk management compliance passes By William Allison Earlier this year, the Prudential Regulatory Authority (“PRA”) published a supervisory statement (SS3/19) entitled “Enhancing banks’ and insurers’ approaches to managing the financial risks from climate change”. In summary, the PRA requires…
FedEx securities class action following the NotPetya cyberattack – implications for D&O insurance By Francesca Muscutt Cyber-security related incidents frequently grab the news headlines but the NotPetya cyberattack in June 2017, the largest reported cyberattack in history, demonstrated the impact such attacks can have on otherwise unconnected businesses and…
Chile, Bolivia and Ecuador: What insurers should know By Andrés Amunátegui Echeverría In recent weeks the LATAM region has experienced crises which will impact insurance coverage in the region:
Popely v Popely By Graham Ludlam The High Court has recently handed down judgment in a case that provides useful guidance on two questions fundamental to coverage on many D&O notifications (1) Is the individual a Director, despite not being registered as such at Companies…
D&O and FI Newsletter - May 2019 DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and contacts. Court of Appeal rejects novel arguments raised by banking customer in mis-selling litigation against bank The recent Court of…
SFO v ENRC appeal – implications for directors and SFO/FCA investigations By Richard Highley In a highly anticipated decision, the Court of Appeal in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation [2018] has allowed ENRC's appeal, providing welcome guidance on the scope of legal professional privilege,…
