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News 05/05/2021
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.
News 04/05/2021
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.
Article 26/03/2021
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.
Article 23/03/2021
In recent years, we have seen several examples of plaintiffs in a lawsuit before the Danish courts receiving financial support from a third party.
Article 19/03/2021
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.
Article 18/03/2021
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.
Article 12/03/2021
On March 3, 2021, the Delaware Supreme Court issued an important opinion in RSUI Indem. Co. v. Murdock, 2021 WL 803867 (Del. Mar. 3, 2021), a Directors and Officers’ (D&O) liability insurance coverage dispute.
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
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.
