In the following guest post, Francis Kean takes a look at the lessons from the U.K. Serious Fraud Office’s recent attempts to criminally prosecute executives of companies that have entered into a deferred prosecution agreement. Francis is a Partner, Financial Lines, at McGill and Partners. A version of this article previously was published as an alert for clients of McGill and Partners. I would like to thank Francis for allowing me to publish this article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Francis’s article.
Continue Reading Guest Post: Why Might a Company Throw its Directors Under a Bus?
Guest Post: Fraud Act Prosecution of Directors: How Likely and What Are The D&O Implications
In the following guest post, Francis Kean takes a look at the possibilities for director prosecutions under the UK Fraud Act and explores the possible D&O insurance implications of future prosecutions. Francis is a Partner, Financial Lines, at McGill and Partners. A version of this article previously was published as a McGill client alert. I would like to thank Francis for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Francis’s article.
Continue Reading Guest Post: Fraud Act Prosecution of Directors: How Likely and What Are The D&O Implications
Guest Post: Deferred Prosecution Agreements – Should They Be Taken Off the Shelves?
The use of Deferred Prosecution Agreements (DPAs) has been an established practice in the U.S. for years, but the use of DPAs was just introduced into the U.K. in 2014, and there have as yet only been a very small number of cases
Guest Post: D&O Insurance Implications as Deferred Prosecution Agreements Take Off in the U.K.
On January 17, 2017, the U.K.’s Serious Fraud Office announced that it had entered into a significant Deferred Prosecution Agreement (DPA) with Rolls-Royce PLC following its approval by Sir Brian Leveson. The agreement followed an extensive investigation of alleged bribery involving the company’s operations in a number of different countries. The full text of the deferred prosecution agreement can be found here. In the following guest post, Mark Sutton and Karen Boto of the Clyde & Co law firm take a look at the agreement and examine the agreement’s D&O insurance implications. I would like to thank Mark and Karen for their willingness to publish their article on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Mark and Karen’s guest post.
Continue Reading Guest Post: D&O Insurance Implications as Deferred Prosecution Agreements Take Off in the U.K.
Guest Post: U.S. Parent Company Enters U.K.-Style Deferred Prosecution Agreement for Bribery
Deferred prosecution agreements have long been a part of the U.S. criminal enforcement environment, but they are relatively new in the United Kingdom. In addition, as the U.K. has begun to adopt the use of deferred prosecution agreements, it has adopted the agreements to its own system and legal requirements. In the following guest post, Francis Kean of Willis Towers Watson takes a look at a recent U.K. deferred prosecution agreement, relating to bribery allegations involving a U.K.-based subsidiary of a U.S. company. Francis notes a number of interesting features of the agreement and discusses its implications. Francis’s article previously appeared on the Willis Towers Watson Wire blog (here). I would like to thank Francis for his willingness to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Francis’s article.
Continue Reading Guest Post: U.S. Parent Company Enters U.K.-Style Deferred Prosecution Agreement for Bribery