The market for directors and officers liability insurance has been out of kilter since the start of the year, with more demand than supply. Now, the D&O market is nearly frozen, and companies are scrambling to adequately insure those serving on their boards or as part of management.… Continue Reading
Legal claims are regularly brought against corporate officials through a wide variety of angles, including, for example, allegations of breach of fiduciary duty and willful disregard of regulatory imperatives, or for a range of statutory violations premised in financial crimes, like bribery or insider trading.… Continue Reading
When consulting services are related to the FCPA, AML, ATF or KYC compliance, the potential for litigation is amplified. And while many compliance consultants purchase professional liability (errors & omissions) insurance, securing a properly structured policy is challenging.… Continue Reading
Historically, targets of FCPA investigations have assumed that any FCPA-related losses were not covered by insurance, but in recent years the landscape has changed.
Given the staggering liability exposure that arises from FCPA investigations and any subsequent civil litigation — not to mention the significant legal fees and costs incurred in responding to such claims — companies purchasing directors and officers (D&O) and corporate liability coverages should review the entire insurance program in view of their potential FCPA exposure.… Continue Reading
Bribes of $40,000 stuffed in envelopes, a flight to Europe solely to retrieve a briefcase full of cash, and a $10 million payoff to secure votes for choosing the World Cup host country are among the allegations in the recent indictment against FIFA representatives and related business associates.… Continue Reading
The potential difficulties facing executives and former executives embroiled in bribery investigations and criminal proceedings were recently demonstrated in a recent decision of the Supreme Court of Victoria – Court of Appeal in Note Printing Australia Ltd v Leckenby.… Continue Reading