The increasing politicisation and media scrutiny of the regulatory process, with regulators themselves coming under pressure to act and being criticised when they fail to do so is a trend impacting companies, directors and professionals. This politicisation, discussed as part of our recent client seminar in London, “House of Cards: D&O exposures arising from a corporate collapse”, may result in more enforcement action being taken and introduce questions as to how D&O policies are to respond to, for example, attendance at a parliamentary select committee
In this Review, we look at the current trends we are seeing in relation to supervision and enforcement, noting the impact of politicisation and cross-border collaboration between regulators, the latter point being explored further in our article on the case of US v Allen, a case which will have a significant impact on how US government agencies interact with foreign regulators on cross border enforcement investigations.
The class actions arena is ever-developing and we provide an update on class actions in the U.S. and Australia, exploring high level differences between the two jurisdictions. Elsewhere, our German office gives an in-depth look at the current D&O market, focussing on issues in relation to the involvement of excess layers and our Canadian office discusses risks to be accounted for in providing coverage to Canadian companies in the cannabis industry following the impending legalisation of cannabis.
We also look at the emerging issue impacting D&O policies - sexual misconduct claims, and provide an update on the latest developments in the FIDO space, in addition to a summary of the latest relevant case law.