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Richa Shukla
Nilam Sharma
Joel Pridmore
Joel Pridmore

As readers of this blog know well, liability claims against corporate directors and officers is an increasingly global phenomenon. A number of different factors are contributing to the globalization of D&O liability, including legislative changes, changes in regulatory enforcement activity, and the rise of litigation financing. In the following guest post, Richa Shukla of Khaitan Legal Associates, Nilam Sharma of Nilam Sharma Ltd., and Joel Pridmore from Munich Re, Australia, examine the changing environment for D&O liability in India. I would like to thank Richa, Nilam, and Joel for allowing me to publish their article 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 Richa, Nilam, and Joel’s guest post.
Continue Reading Guest Post: A Focus on Directors’ and Officers’ Risks in India

Nilam Sharma
Nilam Sharma

No doubt like a number of you, I read Kevin’s blog on his recent travels to India with interest. As a first generation British Indian I was as unfamiliar with India as Kevin was, until the age of 13 when I first visited India with my parents, and I too was overwhelmed with the poverty, the amount of people, the traffic, the colours, the spices, the lack of order (which as a Brit totally unnerved me!), yet amazed how with such craziness India still functioned and things got done.   
Continue Reading Guest Post: “New India”

2016-09-13 01.52.58aThe D&O Diary’s Asia Pacific tour ended last week with a final stop in Mumbai for meetings and for an educational event PLUS was co-sponsoring with the local management liability insurance education group, Bima Gyaan. I enjoyed the chance to be back in Mumbai. It is a vibrant, dynamic, fascinating place, a place that is experienced more vividly and more viscerally than more ordinary destinations.
Continue Reading A Mumbai Experience

sakate khaitan
Sakate Khaitan

In keeping with my goal of presenting important topics concerning jurisdictions outside the United States, I am pleased to present this guest post by Sakate Khaitan of Khaitan Legal Associates about recent legislative changes in Indian that will impact the availability of arbitration procedures in that country. I would like to thank Sakate 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 site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sakate’s guest post.
Continue Reading Guest Post: Arbitration in India – Is it Now Feasible?

umesh pratapa
Umesh Pratapa

In the following guest post, Umesh Pratapa takes a look at status in India of D&O insurance in light of The Companies Act of 2013. The guest post also reviews the prudential considerations supporting the purchase of D&O insurance for Indian companies.  I would like to thank Umesh for his willingness to publish his article on my 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 Umesh’s guest post.
Continue Reading Guest Post: India – Is D&O Liability Insurance Mandatory?

umesh pratapa
Umesh Pratapa

In the following guest post, Umesh Pratapa takes a look at the law in India governing the duties and responsibilities of independent directors, and discusses the ways that independent directors can manage their exposures and safeguard themselves from liability, and protect themselves with D&O insurance. Umesh is an independent insurance consultant in India. I would like to thank Umesh for his willingness to publish his article on my 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 Umesh’s guest post.
Continue Reading Guest Post: Independent Directors in India: Risk Exposures, Safeguards, and Insurance Protection

Rohan
Rohan Negandhi

I am always pleased to be able to publish updates on important developments in other jurisdictions. In following guest post, I reproduce two articles about important developments in India. The first article discusses the widening scope of India’s Prevention of Corruption Act. The second article discusses a recent decision of the Supreme Court of India with respect to the imposition of penalties under the Indian securities laws. The two articles were submitted by Rohan Negandhi, who is a Financial Lines Underwriter with Tata AIG General Insurance Company Limited, which is an Indian General insurance Company, and a joint venture between the Tata Group and American International Group (AIG). I would like to thank Rohan for submitting his articles. 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 are Rohan’s articles.
Continue Reading Guest Post: Developments Under Indian Anti-Corruption and Securities Laws

 

burzinThe recent Satyam scandal and ensuing litigation put the duties of independent directors under scrutiny.  The recently enacted Companies Act of 2013 addressed a number of issues relating to the duties and liabilities of independent directors.  In the following guest post, Burzin Somandy of Somandy & Associates in Mumbai takes a look at the approach…

satyamOn July 16, 2014, India’s securities regulator, the Securities and Exchange Board of India (SEBI), entered an order (here) against the founder and former executives of Satyam Computer Services to disgorge over $306 million in allegedly ill-gotten gains from their role in the scheme to falsify the company’s financial statements, as well as …