Overview

As the world begins to recover from the global pandemic, companies and individuals are faced with increasing risks and uncertainty. There are stock market fluctuations, heightened international tensions, and the full effects of Brexit which are yet to be felt, as well as India and China emerging as economic superpowers challenging for the first time the supremacy of the United States and EU. Coupled with this is the now daily occurrence of cyber attacks, enhanced scrutiny of cultural perspectives within the business world following the #MeToo and Black Lives Matter movements, and ever-present threat of climate change, this issue now front and centre in boardrooms. Amid all this directors are subject to more legal scrutiny than ever. In the six years since the last edition was published, companies’ laws and financial regulations have been updated, and there is more diligent and better resourced enforcement of bribery and corruption laws. Shareholders around the world enjoy more extensive rights to hold directors to account than ever before, and directors are less likely to be forgiven for ignoring their responsibilities. They are looking ever more closely at the protection available to them, through both indemnification and directors' and officers' (D&O) insurance, the latter having recently been through the “hardest” market for decades, with reductions in the amount of cover available and significantly increased premiums, partly as a result of the increase in volume and severity of directors’ claims. Nonetheless, the exposures that directors face and the extent to which indemnification and insurance may provide protection around the world are still very nuanced; there can be no “one size fits all” approach. The fourth edition of this title features fully updated contributions from leading legal experts around the world on what directors need to be concerned about in 2022 and beyond, together with the protections available. Each chapter follows a set structure (updated for this edition) which includes commentary on the risks of civil, criminal and regulatory claims against directors, and addresses the availability of indemnification and D&O insurance. New features of this edition include greater scrutiny of criminal vs regulatory liability, forecasting of particular trends, and the insurability of fines and penalties in the jurisdictions covered. The fourth edition also includes new chapters on Jersey and Guernsey (Offshore), Sweden (Nordics) and Saudi Arabia. This title will be an essential reference guide for directors, officers, in-house counsel and private practice lawyers advising them. It will provide a starting point for their assessment of today’s legal exposures and assist with the management of their business risks.

Full Product Details

Author:   Edward Smerdon
Publisher:   Globe Law and Business Ltd
Imprint:   Globe Law and Business Ltd
Edition:   4th New edition
ISBN:  

9781787428362

ISBN 10:   1787428362
Pages:   870
Publication Date:   12 October 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Preface 7 Edward Smerdon Coverage Matters Ltd Australia 15 Will Harrison Harrison & Co Legal Consulting Belgium 43 Hugo Keulers Lola Stenuit Pieter-Jan Van Mierlo Jo Willems Lydian Brazil 81 Julia Santoro de Camargo Donato Olivia Carolina Florence Franco Searle DR&A Advogados Canada 109 Vinay Desai Raphael Roditi Borden Ladner Gervais LLP China 143 Stella Yang Taylor Wessing Colombia 165 José Francisco Mafla Carlos Umaña Trujillo Brigard Urrutia France 183 Romain Schulz Eleonora Sorribes Sarah Xerri-Hanote HMN & Partners Germany 233 Camilla Schütz Oliver Sieg Noerr Partnerschaftsgesellschaft mbB Guernsey and Jersey 257 Simon Davies Bryan De Verneuil-Smith Damian Evans Oliver Passmore Ogier Hong Kong 291 Mark Bedford Bowers Law Michelle Chung Kevin Lee Stephenson Harwood India 321 Anup Vijay Kulkarni Sajai Singh J Sagar Associates Ireland 349 Donal Dunne Eileen Grace Addleshaw Goddard Israel 375 Harry Orad Gross Orad Schlimoff & Co Italy 397 Giulia Di Piero Serena Triboldi PMT Pontecorvi & Triboldi Law Firm Japan 443 Keitaro Hamada Asa Shinkawa Nishimura & Asahi Luxembourg 463 Michel Molitor Molitor Avocats à la Cour Mexico 489 Jesús Colunga Mónica Mora Basham, Ringe y Correa, SC Netherlands 521 Annemieke Hendrikse Van Doorne NV Poland 545 Michał Barłowski Wardyn´ski & Partners Russia 583 Nikolay Molostov Yulia Solomakhina Cleary Gottlieb Steen & Hamilton Singapore 603 Sophie Lim Wee Toh Loo Tse Chuan Loong Celeste Yao Allen & Gledhill South Africa 629 Stephen Kennedy-Good Norton Rose Fulbright South Africa Inc Summer van Haght Lawyer Spain 653 Ignacio Figuerol Clyde & Co Sweden 683 Ingrid Ek Tora Larusdottir Erik Wernberg Advokatfirman Cederquist Switzerland 713 Philipp Känzig Jonas Stüssi STAIGER Attorneys at Law Ltd Ukraine 739 Zoryana Sozanska-Matviychuk Redcliffe Partners United Arab Emirates 759 Nadim Bardawil Michael Kortbawi Taronish Mistry BSA Ahmed Bin Hezeem & Associates United Kingdom 787 Sarah Brook Tristan Hall Andrew Milne CMS Cameron McKenna Nabarro Olswang LLP United States 819 Kimberly Blair Jonathan Meer Wilson Elser About the authors 853 About Globe Law and Business 870

Reviews

Review for previous edition: This volume will likely prove a valuable resource for insurance advisors and others called upon to counsel companies in connection with the associated liability exposures and related insurance considerations. -- Kevin M LaCroix

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