It is often said that where the US goes, others are likely to
follow ...
Our article on trends and developments in the US will therefore
be of interest to all FI and D&O specialists regardless of
connection to US exposures. Certainly two of the themes
highlighted, the data breach environment and regulatory aggression,
are key issues in the UK and elsewhere. Within the UK, a core plank
of the approach to the regulation of financial institutions has
been a focus on individual responsibility, and we pick this up in
two of our UK articles.
It can also prove instructive to look at how the US has grappled
with certain policy issues (subject to the necessary caveats) where
a paucity of case law exists in the UK and elsewhere, and with this
in mind we will continue to watch how the issue of cover for
disgorgement and restitutionary payments develops.
