IBA Annual Conference Miami 2022
30 Oct - 4 Nov 2022
Rooms 201-202, Level 2
D&O litigation - stakeholder’s turmoil
Tuesday 1 November (0930 - 1045)
DiversityInclusionD&O claims are on the rise across the globe. Over the last decade directors and officers of public and private companies have increasingly become targets in civil litigation, government investigations, and enforcement actions. In today’s claims and regulatory environment — with civil actions of many stripes often naming individual directors and officers as defendants and stepped-up enforcement activity by regulatory bodies — directors and officers are sharply aware that their personal assets may be at risk.
Beyond the securities and derivative suits, SPAC-related claims, threats bearing down on the economy (supply-chain disruption; labor shortages; and economic inflation), D&O claims following in the wake of cybersecurity incidents and with investors and companies being ever more concerned with climate change, their carbon footprint and board diversity, an area of growth for D&O claims is anticipated.
When companies falter, disgruntled owners, investors, creditors, and customers – fueled by third-party funders seeking jurisdictions in which to operate - often raise claims of mismanagement by senior executives and board members, particularly when insurance may be available to fund recoveries.
In the midst of legal turmoil and corporate failure, various stakeholders – including directors and officers - need experienced counsel to help them navigate through complex legal claims and defences, together with coverage issues raised by D&O insurers and (global) settlement negotiations, with litigation funders playing their own role. The panel consisting of top- notch practitioners and experts will explore these challenges and specific dynamics from different perspectives, with often conflicting interests.