26 · Litigation and arbitration · D&O · assurance
Directors and officers litigation
What assistance changes in this practice, what it does not change, and the time reduction actually observed.
Where the gain is real
Reconstruction of the board’s decisions, review of minutes and exchanges, analysis of the insurance cover.
Where it is slight or nil
Preparing the director personally, the hearing, dealings with the insurer.
Observed time
−49% at constant case scope, on cases closed over the last three financial years. This measure says nothing about the quality of the outcome.
What the practice covers
- Reconstruction of the decision process: minutes, memos, preparatory exchanges
- Analysis of delegations of authority and of the scope of the offices held
- Search for the separable fault and the alleged management failures
- Review of D&O policies, exclusions and claim notifications
- Interaction with insolvency proceedings and pending investigations