Directors And Officers Liability Survey

Directors’ and officers’ liability insurance was at one time considered essential only for large public corporations. Now, no public limited company anywhere in the world should be without it. Large private companies, charities, financial institutions, pension funds and all executive directors need to consider the risks. It is a widely held isconception that legal action cannot be taken against individual directors of limited liability companies. Directors’ and officers’ liability insurance is one of the fastest growing areas in the world insurance market. Company directors are facing increasingly onerous resonsibilities as shareholders demand higher standards of corporate governence. Recent years have seen more stringent laws on environmental liability and directorial responsibility for pollution is now a global concern. This new edition will answer the questions: Just what are the personal liability risks facing directors? How can they protect themselves against the increasing possibility of being sued? What are the latest developments? Ian Youngman cuts through the jargon and explains the intricacies of this kind of cover and how it relates to other forms of insurance. He includes examples of claims, as well as profiles of insurers specialising in this area. He also assesses the current and likely future status of D & O cover in all the world markets.

This book examines such topics as: the risks officers and directors face, derivative and class actions, and when a corporation is required--or allowed-- to provide indemnification.

Bank Directors', Officers', and Lawyers' Civil Liabilities, Third Edition is an essential resource for any attorney who is litigating or attempting to settle cases brought by the federal and state banking regulators against directors, officers, and legal counsel of financial institutions. It provides current analysis of the new law emerging from the courts, the Supreme Court's landmark decision in O'Melveny & Myers v. FDIC and the demise of the federal common law regarding failed financial institutions. Directors' and officers' liability insurance and bank fidelity bonds are also covered in detail. John K. Villa guides you through the complexities of litigating an action - and discusses ways to reduce the chances of litigation - with strategic recommendations for all key players. This authoritative treatise answers essential questions such as: When is a bank director indemnified? How is the statute of limitations applied? What added responsibilities does a lawyer assume by becoming a bank director; does federal or state law control? What are acceptable courses of conduct for the bank? What must agencies prove before a court will enforce an administrative subpoena for financial data? How does the Sarbanes-Oxley Act of 2002 affect those banks that constitute a public company? New developments analyzed in the Third Edition include: Updated guidance from the banking regulatory agencies on implementing effective Bank Secrecy Act/Anti-Money Laundering compliance programs. Updated regulations on the application of the Volcker Rule. Recent ethics opinions addressing the nature and extent of a lawyer's duty with respect to the return of a client's files. An attorney's liability as a joint tortfeasor for participating in another's breach of fiduciary duty. Updated guidance on the imposition of firm-wide penalties in enforcement actions and on capital requirements for community banking entities. New case law addressing issues under the Delaware indemnification statute. Note: Online subscriptions are for three-month periods.

This book discusses how directors and officers can limit and protect against personal liability for corporate acts. Conflict of interest, class actions, liability of third persons, SEC regulatory actions, indemnification and contribution, and other relevant issues are addressed in the work.