How can a director protect himself?

Director status and types of liability

• Differences between management bodies and their liability
• Types of directors’ liability: main types of liability faced by directors
• Statistics of losses related to directors’ liability

Subsidiary liability and criminal risks

• Understanding subsidiary liability: grounds for liability and practical examples
• Bad faith and risk minimisation: how to avoid criminal consequences and protect yourself from legal problems
• From theory to practice: analysis of real cases and simulated situations illustrating why a director can be held liable.

Liability insurance — a lifeline for a director

Overview of agreement mechanics, market trends and the role of the broker in shaping the program

• Mechanics of insurance: answering key questions: who can be insured, what risks can be insured against and how does liability insurance work, what is the insurance period and coverage period, what is the list of exclusions, and what is required to enter into agreements
• Analysis of the market: current trends in liability insurance and their impact on directors
• Broker’s role in program formation: how professional brokers help create an effective insurance program tailored to your needs

Cases, insured events and insurance payouts

Discussion of practical examples of insured events, communication with brokers and lawyers who can help you understand the issue

• Taxation of insurance payouts under D&O insurance agreements, including accounting of expenses under D&O agreements for income tax purposes
• Mechanism of insurance сompensation: a detailed analysis of what is paid in the event of an insured event, and to whom and under what circumstances
• Actions in the event of an insured event: clear instructions on where to go, what documents to send, and what lawyers to engage for the effective resolution of issues
• Real case: first-person narrative

Q&A session

We will answer any questions you may have following the discussion, and raise important topics such as:

• The need for internal approval for a D&O agreement: how to avoid conflicts of interest and what approval mechanism is required for different legal forms?
• D&O insurance and labour law: what claims can be covered under the agreement? We will look at court statistics and real cases to understand the grounds for claims.