Workshop C4

Directors Liability – Minimising Risk.

   

WORKSHOP LEADER(S)

Robert Campbell and Jonathon Davidson

   

WORKSHOP SYNOPSIS

The events of 9/11 and a series of well documented corporate scandals in the US, Europe and the UK have resulted in the introduction of stricter regulatory environments for global business.

In the UK, The Combined Code on Corporate Governance (issued by the FSA) and the guidelines on Corporate Responsibility (issued by the Association of British Insurers) impose a positive responsibility on executive and non-executive directors to ensure that effective risk management controls are in place. There is an increasing tendency in the US (Sarbanes Oxley) and the EU (Transparency Directive) to fix Directors with personal liability for non fraudulent negligent mistakes. There are clear signs that the UK may follow suit in the not too distant future, not least in the form of the government's proposed ‘corporate killing' legislation, which is currently at draft stage.

Our workshop will look at recent developments in this area and ways of minimising the risk of director's exposure. We will also examine specific case studies, giving a number of different scenarios in which directors may be exposed to personal legal action and look at ways in which procedures may be put in place to minimise the risk of such exposure.

   

MAIN TOPICS TO BE COVERED

1 Corporate Governance and Regulatory Controls.

 

2 Directors Liability

 

3 Minimising Risk – Policy and Good Practice.

   

CURRENT POSITION AND COMPANY

Robert Campbell (Partner) Halliwells LLP

Jonathan Davidson, Senior Associate, Halliwells LLP

   

BACKGROUND

Robert is a dispute resolution partner, based in Halliwells' London

office. Formerly at Lovells, Robert has extensive experience in the

field of Risk Management, particularly in relation to financial and

regulatory controls. "

Paul will be accompanied by Senior Associate, Jonathon Davidson, who recently joined Halliwells from Clyde & Co. Jonathon has considerable experience advising insurance and corporate clients in the areas of dispute resolution and risk management.