Showing 1 - 10 of 118
The implications of the Delaware Supreme Court’s pronouncement that D&O liability for actual fraud is insurable
On March 3, 2021, the Delaware Supreme Court announced in RSUI Indemnity Co. v. Dole Food Company, Inc., et al., 248 A.3d 887 (Del. 2021) (“Dole”), that Delaware public policy permits indemnity insurance coverage for liability arising from fraud. Therefore, in Delaware, unscrupulous executives found to have lied to investors may potentially avoid direct responsibility for any damages caused and simply pass the buck for any judgment or settlement to the company’s Director’s & Officer’s (“D&O”) insurer.
The recent decision by a Dutch court against Shell (Milieudefensie et al. v Royal Dutch Shell plc) has expanded climate litigation into the protection of fundamental rights and the imposition of positive duties on companies in respect of their future actions.
As of May 26, 2021, the estimated market capitalization of the cryptocurrency market exceeded USD 1.7 trillion despite recent market fluctuations. There is growing interest by a wide range of publicly traded companies in incorporating crypto into their business models given the ongoing market development.
The global challenge to transition to a carbon neutral economy increasingly dictates that climate conservation becomes an integral part of decision making in the private and public sector. The Climate Change Act (2050 Target Amendment) Order 2019 has legislated the UK target to reduce greenhouse gas emissions by 100% by 2050.
Kennedys has promoted ten lawyers to its partnership. Four of those promoted are based in the UK, with six in the US. Kennedys’ worldwide partner count is now 280.
Kennedys has today announced the latest phase of its expansion with the launch of a new office in Perth, Australia. It is the firm’s 43rd office and second new office opening so far this year.
BEIS publishes audit reforms and corporate governance proposals – considerations for D&Os and their insurers
Following our article earlier this month (Directors & officers and their insurers await detail of UK audit reforms), the Department for Business, Energy and Industrial Strategy has recently published its white paper “Restoring trust in audit and corporate governance” which sets out proposals aimed at strengthening and improving the UK’s framework for audit, corporate reporting and corporate governance systems. The proposals are open for consultation until 8 July 2021.
In recent years, we have seen several examples of plaintiffs in a lawsuit before the Danish courts receiving financial support from a third party.
In this briefing, we consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products. Issues covered include: the treatment of reliance and affirmation in strike out applications, limitation and the true date of loss, fundamental defects that render the appointment of administrators void, clarifying further the “Quincecare” duty, when a professional’s duty extends to the provision of both advice and information, when a court should exercise its discretion in requiring a claimant to provide security for costs, defining an abuse of process in strike out applications and determining the burden to discharge when securing an order for public examination of a company director.
A summary of recent global regulatory developments, including what to expect from the forthcoming white paper for the reform of UK corporate governance and audit oversight, the Climate Biennial Exploratory Scenario (CBES) stress test to be launched in June 2021 and the Danish corporate governance recommendations introduced on 1 January 2021.