Articles & Updates - Priya Cherian Huskins

Cross-border listings of securities can lead to mismatches between the litigation environment in the country in which a company lists its shares and the liability protections available to the directors and officers of the company under its home country law.

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When you join the board of a company, you are making a long-term commitment that carries with it the risk of unlimited personal liability if things go terribly wrong. A systematic approach to conducting your diligence on the company is therefore in order.

 

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There is a growing, organized effort on various fronts to get every public company to voluntarily disclose information about its "carbon footprint" and about the other ways in which climate change may affect its business in the future. If your company is beginning to discuss the possibility of making voluntary disclosures, or is already making them, there are potential liabilities - and directors' and officers' liability insurance coverage issues - to consider.

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Directors and officers of private companies potentially face unlimited personal liability if they are sued. As a result, directors and officers of private companies often make the purchase of Director and Officer Liability Insurance a priority. A robust D&O insurance policy can then, in turn, be used to recruit and retain excellent directors and officers for the benefit of the company and its shareholders. Unfortunately, every D&O insurance policy contract is different. It is all too easy to pay too much for a D&O insurance policy that does
surprisingly little.

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This is a helpful checklist to look at when researching your D&O Insurance coverage.

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