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Article 04/03/2021
The government is set to publish a white paper with proposals for the reform of UK corporate governance and audit oversight. Accountancy firms are already splitting out their audit and consultancy arms and a new regulator, the Audit Reporting and Governance Authority, will replace the Financial Reporting Council.
Article 01/03/2021
Insurers will welcome a recent decision in Uralkali v Rowley [2020] relating to the sale of a Formula One racing team that a professional’s duty of care did not protect a losing bidder.
Article 01/03/2021
The first shareholder class action ever to be brought in England and Wales has been defended successfully by Lloyds Bank and five of its former directors.
Article 24/02/2021
A recent decision by a New York trial court highlights the impact corporate structure has on the scope and availability of directors and officers (D&O) insurance. The Commercial Division of New York’s Supreme Court applied an insured capacity exclusion to preclude D&O coverage for American Realty Capital Properties and related entities (AR Capital) and their directors and officers. The opinion, issued on February 2, 2021, highlights the importance of confirming that alleged wrongful conduct was undertaken in an insured capacity for D&O coverage.
Article 23/02/2021
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
News 18/02/2021
Article 03/02/2021
A combination of recent events has forced issues of diversity and inclusion onto the boardroom agenda. As a result, company boards now face increased scrutiny from the public, regulators, legislators and shareholders alike. If well-established benefits of having a diverse workforce are not enough to make companies enact change, the increasing threat of expensive D&O litigation and new legislative initiatives could well be.
Article 01/02/2021
The Delaware Supreme Court recently issued a decision that has the potential to significantly limit the availability of Directors and Officers (“D&O”) coverage for actions brought under Section 262 of Delaware General Corporation Law. Section 262 actions allow minority shareholders who opposed a merger—but were outvoted by a majority of other shareholders—to invoke a statutory appraisal process if they believe the merger price undervalued the company.
Article 29/01/2021
Stress-testing for banks was first introduced as a response to the financial crisis in 2008/2009, and is used by the Bank of England to assess how banks can cope with severe economic scenarios in terms of capital requirements.
Report 29/01/2021
On the surface, the London Market enters 2021 looking very different to its 2020 version. Underwriting rooms lay empty, offices unoccupied, pubs eerily quiet. But beyond the physical stillness, this world leading hub has not paused for breath. Digital systems and solutions have taken centre stage as the London Market has responded to a seismic shift in working patterns and insurance risks.
