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Directors' Liability and Indemnification: A Global Guide 4th ed

Edited by: Edward Smerdon

ISBN13: 9781787428362
Previous Edition ISBN: 9781909416703
Published: October 2022
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £265.00

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Mp>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.

Company Law
Edward Smerdon - Aon
Will Harrison - HAC Consulting Group
Hugo Keulers, Lola Stenuit, Pieter-Jan Van Mierlo, and Jo Willems - Lydian
Julia Santoro de Camargo Donato and Olivia Searle - DR&A Advogados
Vinay Desai and Raphael Roditi - Borden Ladner Gervais LLP
Stella Yang - Taylor Wessing
José Mafla and Carlos Umaña - Brigard & Urrutia
Romain Schulz, Eleonora Sorribes and Sarah Xerri-Hanote - HMN & Partners
Camilla Schütz and Oliver Sieg - Noerr Partnerschaftsgesellschaft mbB
Guernsey and Jersey
Bryan De Verneuil-Smith, Simon Davies, Damian Evans, and Oliver Passmore - Ogier
Hong Kong
Mark Bedford and Michelle Chung - Stephenson Harwood & Kevin Lee - Zhong Lun Law Firm
Sajai Singh and Anup Vijay Kulkarni - J. Sagar Associates
Eileen Grace - Eugene F. Collins
Harry Orad - Gross, Orad, Schlimoff & Co
Giulia Di Piero and Serena Triboldi - PMT Pontecorvi & Triboldi Law Firm
Keitaro Hamada and Asa Shinkawa - Nishimura & Asahi
Michel Molitor - Molitor Avocats à la Cour
Jesús Colunga and Daniel del Río - Basham, Ringe y Correa, SC
Annemieke Hendrikse - Van Doorne NV
Michał Barłowski - Wardynski & Partners
Nikolay Molostov and Yulia Solomakhina - Cleary Gottlieb Steen & Hamilton
Saudi Arabia
Mohammed Aldowish, Mark Beswetherick and Gregg Hammond - Clyde & Co.
Sophie Lim, Loong Tse Chuan, Loo Wee Toh and Celeste Yao - Allen & Gledhill
South Africa
Stephen Kennedy-Good and Summer van Haght - Norton Rose Fulbright South Africa Inc.
Ignacio Figuerol - Clyde & Co
Ingrid Ek, Tora Larusdittor and Erik Wernberg - Advokatfirman Cederquist
Philipp Känzig and Jonas Stüssi - Staiger Law
Sergiy Gryshko and Zoryana Sozanska-Matviychuk - Redcliffe Partners
United Arab Emirates
Nadim Bardawil and Michael Kortbawi - BSA Ahmad Bin Hezeem & Associates LLP
United Kingdom
Sarah Brook, Tristan Hall and Andrew Milne - CMS Cameron McKenna Nabarro Olswang LLP
United States
Kimberly Blair and Jonathan Meer - Wilson Elser