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Searching Content indexed under Directors and Officers by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
BLG Directors' and Officers' Liability Review - April 2011
Extra-territorial securities claims in the US courts have been dealt a serious blow by NAB v Morrison.
UK
 
25 May 2011
2
Investors' Claims After Morrison V National Australia Bank
Extra-territorial securities claims in the US courts have been dealt a serious blow by NAB v Morrison.
UK
24 May 2011
3
Directors’ And Officers’ Liability Review – April 2011
Extra-territorial securities claims in the US courts have been dealt a serious blow by "NAB v Morrison".
UK
16 May 2011
4
Law Commission Consults On Alternatives To Criminal Prosecutions In Regulatory Contexts
The Law Commission has consulted on issues surrounding criminal liability in regulatory contexts, a topic of particular interest in the current environment.
UK
16 May 2011
5
Investors’ Claims After Morrison V National Australia Bank – New World Or Old?
Extra-territorial securities claims in the US courts have been dealt a serious blow by "NAB v Morrison".
UK
16 May 2011
6
News Digest
By The Financial Reporting Council (FRC) published a report for consultation on 7 January 2011, entitled "Effective Company Stewardship: Enhancing Corporate Reporting and Audit", which contains seven recommendations aimed at improving the dialogue between company boards and shareholders.
UK
6 May 2011
7
When is a Director Not a Director? The Supreme Court Enters the Fray
When will a director of a corporate director be a de facto director of a subject company? This was the £13 million question for Mr Holland, a director of Paycheck (Director Services) Ltd which was the corporate director of 42 composite companies, because as de facto director of these companies he could be held responsible for the payment of unlawful dividends under section 212 of the Insolvency Act 1986.
UK
2 Dec 2010
8
Directors' Regulatory Exposures - a Global Explosion
Regulatory and criminal investigations into companies and their management are a growing source of exposure for both those involved in the investigation and their D&O insurers.
UK
2 Aug 2010
9
Developments in the UK: The Bribery Act and the FSA's Enforcement Drive
Two topical issues for directors and officers in the UK are the implementation of the Bribery Act 2010 and the FSA's mantra of credible deterrence, in particular the recent actions against D&Os in a management function.
UK
2 Aug 2010
10
Risks Facing Directors And Officers In Hong Kong And China
In Hong Kong, the Securities and Futures Ordinance ("SFO") was introduced in March 2003 and powers of investigation were given to the Securities and Futures Commission ("SFC").
Hong Kong
2 Aug 2010
11
Are Strict Liability Offences Indemnifiable?
In the Autumn 2009 edition of our Directors’ & Officers’ Liability review we drew attention to the strict liability regime applicable to directors of Phoenix companies by virtue of section 216 of the Insolvency Act 1986.
UK
17 Feb 2010
12
The Further Rise Of The “Illegality Defence” In Corporate Fraud Cases
The latest ruling in the US Parmalat litigation has dismissed claims against Grant Thornton and Bank of America on the grounds that the claimant Parmalat companies were themselves involved in the underlying frauds.
UK
8 Oct 2009
13
The Pensions Ombudsman Gets Tough
The last year has seen a number of Pensions Ombudsman determinations where trustees have been ordered to reimburse the scheme for a breach of trust.
UK
30 Sep 2009
14
Liability Of Directors Of Phoenix Companies
In the current economic climate, it is not uncommon for distressed businesses to be restructured through insolvency; the idea being to emerge in a leaner and more robust form albeit trading under a similar name.
UK
30 Sep 2009
15
Hong Kong Decision Signals Expansion In The Scope Of D&O Claims
The decision itself is currently under appeal but more generally, in the current economic climate, D&O insurers may expect an increase in claims made under D&O policies and that such claims will be pursued with increased vigour, especially by liquidators.
Hong Kong
30 Sep 2009
16
Company And Director Charged In First Corporate Killing Case
On 23 April 2009, in what is believed to be the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 ("the Act"), the Crown Prosecution Service has authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings Ltd in relation to the death of Alexander Wright on 5 September 2008.
UK
29 Apr 2009
17
Insolvency: The Cost Of "Assisting With Enquiries..."
Often, the first occasion on which a director will have to put his or her hand in his or her pocket to pay for legal representation is in the context of an investigation following an insolvency procedure.
UK
24 Mar 2009
18
The Road To Insolvency, And Directors´ Duties In The "Twilight Zone"
In the current economic climate, the threat of company insolvency is in the forefront of many executives' thoughts. For many, however, it is uncharted territory, complete with its own jargon and procedures.
UK
24 Mar 2009
19
High Court Confirms That Trustee Directors Owe No Duties To Beneficiaries
In HR v JAPT (1997), the High Court refused to strike out a claim against directors of a pension trustee company, for the alleged breach of trust of the company, on the grounds that there was an arguable point of law.
UK
26 Jun 2008
20
Crouch, Touch, Pause, Engage!
A raft of new legislation - much of it implemented in October 2007 - affecting directors of UK companies has been introduced.
UK
14 Dec 2007
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