Directors’ Liability and Indemnification (PDF)

As the world has been rocked by financial crises, and following the Forex and Libor-fixing scandals, directors are subject to more intense regulatory scrutiny than ever. Understandably, directors are looking closely at the protection available to them, through both indemnification and directors' and officers' (D&O) insurance.

The exposures that directors face and the extent to which indemnification and insurance may provide protection vary significantly around the world. The third edition of this title features contributions by leading experts on the important aspects of directors' liability, the protection available to directors and the risks of doing business in multiple jurisdictions. Each chapter includes commentary on civil claims and indemnification, regulatory and criminal liability, regulatory issues surrounding global D&O programmes and their ability to provide cover in all intended jurisdictions.

The third edition also explores all-new companies laws in major jurisdictions and includes an expanded United States – which explores the differences between the 50 states on key issues - as well as an additional chapter on Bermuda and offshore territories. Outside the United States, the new edition documents the increase in group/class action activity and development of jurisprudence around the world.

This third edition is a powerful tool in assisting directors, officers, in-house counsel and the private practice lawyers advising them to make well-informed judgements about the risks they are taking.