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Financial Institutions, Directors & Officers

Our financial institutions and D&O team advises on local and worldwide claims

Our global financial institutions and directors & officers team advises the London market, US and other international insurers and reinsurers on all aspects of FI and D&O work. We have built a reputation for successfully defending claims and handling the most complex coverage issues. Our team acts on claims of all sizes and types and advises on some of the largest losses in the insurance market.

We advise on D&O claims against institutional and retail banks, building societies, pension funds, split capital investment trusts, investment advisers, asset managers and hedge funds.

We frequently handle complex defence claims involving directors’ disqualification proceedings, wrongful trading actions and other claims arising out of insolvency, defence of civil penalty claims and criminal enforcement action arising from alleged corporate and financial misconduct.

Our team handles complex coverage litigation, arbitration and mediation, monitoring claims for insurers globally, providing strategic input and controlling leakage on large programmes, as well as advising steering committees.

We offer expertise coupled with local, on the ground knowledge. We act on claims of all sizes and types in all jurisdictions, and are experienced in handling complex coverage and defence litigation, arbitration and mediation. We have been involved in advising on many of the key issues in the FI and D&O market. These include cyber liabilities, increasing global regulatory activity and related policy triggers, the impact of soft wordings, exposures resulting from benchmark rigging allegations, disgorgement, claims under fidelity policies related to unauthorised trading, IPO allocations and ratings agency claims.

We regularly draft FI and D&O policies, and provide practical advice on risk management and corporate governance issues. We keep up to date with international regulatory trends and emerging risks for directors and officers, such as with climate change obligations.

Experience/deals

  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Multi-jurisdictional class action securities claims advice

    Advising Canadian, London market and US insurers with respect to coverage for class action securities claims asserted under newly-sanctioned secondary market class action securities laws in Canada

    Canada

    Second circuit rules coverage barred by hedge fund’s breach

    The U.S. Court of Appeals for the Second Circuit affirmed the district court’s grant of summary judgment to Clyde and Co’s client, a large multi-national insurance company, in a coverage dispute with an insured hedge fund. The court found that coverage was barred as a matter of law because the...

    United States

    District court finds Clyde & Co provided “highest level” of service

    The U.S. District Court for the District of Arizona granted judgment and awarded to Clyde & Co’s clients USD 1.2m in attorney’s fees and costs incurred in defending a coverage and bad faith action. In so ruling, the court held that Clyde & Co performed its services for its clients “with utmost...

    United States

    Tenth circuit finds claims interrelated to claim made before policy period

    Acted for a large specialty insurer in front of the U.S. Court of Appeals to secure a reversal of a decision by the U.S. District Court for the District of Utah that claims were in fact related and deemed a single claim first made prior to the policy period at the time the earlier claim was...

    United States

    Georgia court dismisses bad faith claims in USD 525m coverage

    Secured motions to dismiss bad faith claims brought against a number of Clyde & Co’s clients. In the suit, a large national bank contends that it is entitled to USD 525m in coverage under professional indemnity policies over four policy periods for USD 4.5b in alleged losses relating to its...

    United States

    New York appellate court rules in USD 140m SEC settlement

    Clyde & Co successfully represents insurers at the trial and appellate levels when The New York Appellate Division for the First Department granted the insurers’ motion for summary judgment that Bear Stearns’ USD 140m disgorgement payment to the Securities and Exchange Commission was not an...

    United States
  • Large shareholder class action and insurance issues

    Acting for the insured and insurers in one of the largest shareholder class actions to proceed to trial in Australia (which arose from a profit downgrade), and advising on the insurance issues arising out of litigation in the US with the holders of convertible bonds

    Australia

    Defending an insurer's alleged breaches of contractual and fiduciary duties

    Acting for an insurer (under a D&O policy) in defending multiple Australian Supreme Court proceedings involving a dispute between an international company, a number of its former directors and officers and their new employer in relation to alleged breaches of contractual and fiduciary duties

    Australia

    Advising insurers on policy coverage and indemnity

    Advising insurers/reinsurers of a large Hong Kong bank and its subsidiaries in relation to policy coverage and indemnity regarding substantial mis-selling claims by over 10,000 customers in relation to their purchase of Lehmans minibonds

    Hong Kong
  • Coverage disputes for Arab Spring losses

    Coverage disputes for Arab Spring losses

    United Arab Emirates

    Financial lines claims from the Al Gosaibi fallout

    Financial lines claims from the Al Gosaibi fallout

    United Arab Emirates
  • Bankers Blanket Bond advice

    Advising a panel of insurers of a Bankers Blanket Bond (fidelity section) for a major retail bank. Substantial losses to customers had arisen from a complex series of frauds by a bank employee

    United Kingdom

    Action brought by Administrators under the Insolvency Rules

    Acting for the directors of Portsmouth City Football Club in respect of an action brought by the Administrators against the directors under the Insolvency Rules

    United Kingdom

    Fidelity and crime insurers investigation

    Acting for fidelity and crime insurers in investigations of fraudulent schemes in the US, Canada, Japan, Argentina and Bermuda

    United Kingdom

    Advising insurers regarding the Saad/Algosaibi fallout

    Advising London market and international insurers on policy coverage for several multi-million dollar claims by Middle East and international banks resulting from the Saad/Algosaibi fallout and subsequent global litigation

    United Kingdom

    Advising on coverage litigation in the New York Supreme Court

    Advising London market on coverage litigation in New York Supreme Court arising from a fidelity claim for over USD 140 million in unauthorized trading losses

    United Kingdom

    Advising on Chinese reverse merger claims

    Advising a London market and Australian client with respect to Chinese reverse merger claims pending in New York, Delaware, California, and Hong Kong

    United Kingdom

    Advising a stockbroking firm

    Conducting a past business review for a stockbroking firm in relation to the mis-selling of structured investment products. The past business review followed multiple customer complaints and an FSA investigation and formed the basis of a customer redress scheme

    United Kingdom

    FSA investigations and civil claims

    Acting for a large national accountancy network with an extensive IFA business in relation to FSA investigations and civil claims arising out of alleged mis-selling of Lehmans structured products

    United Kingdom

Our Financial Institutions, Directors & Officers team

Emma Ager
Emma Ager

Partner

Leslie Ahari
Leslie Ahari

Partner

Saud Alsaab
Saud Alsaab

Partner

David Amentas
David Amentas

Partner

Lee Astfalck
Lee Astfalck

Partner

Sina Bahadoran
Sina Bahadoran

Partner

Joseph Bailey
Joseph Bailey

Partner

Arturo Bello
Arturo Bello

Partner

Scott Bertschi
Scott Bertschi

Partner

Mark Beswetherick
Mark Beswetherick

Partner

Dean Carrigan
Dean Carrigan

Partner

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