In episode 22 of the Rising Edge D&O Podcast, Richard and Owen are joined by Daniel Shamah, Partner at law firm O’Melveny & Myers, and Andrew Oldis, Partner at law firm Kaufman, Borgeest & Ryan. As practitioners of D&O insurance working out of the UK, we deal with worldwide risks, including those emanating out the US. Insolvency has always been a key risk for directors and officers, and with macroeconomic conditions pushing more companies to the brink, we expect to see increased risk in this area. The process and risks arising from such an event vary across the globe, and it is important for practitioners and insureds to understand the nuances that exist from one jurisdiction to another. In this episode we unpack the process that exists within the USA. We discuss the interplay between the bankruptcy and arguably one of the most important assets for a director during an insolvency or restructuring event, the D&O insurance policy! For more information on Rising Edge, visit our website. The full archive of the Rising Edge D&O Podcast is available here.

In episode 21 of the Rising Edge D&O Podcast, Richard, Owen and Isabel are joined by James Wickes, partner at the law firm RPC, to discuss social mobility and what businesses in the financial services and legal sectors can do to drive change. James took on the challenge of driving change himself when he founded Limitless London, a careers guidance programme which aims to level the playing field for young people from less privileged backgrounds. Learn about the programme James has set up, the challenges he faced in setting it up, how he overcame those challenges, and you how to go about starting up and executing on such an initiative. They find out what can be done to level the playing field, to attract the best talent, and to make the insurance industry a more diverse and inclusive place to work. And how organisations and individuals help to drive the change that is required. For more information on Rising Edge and the full back catalogue of podcast episodes, visit the Rising Edge website.

Sarah Podro, London Senior Adviser and Collective Conciliator from the UK’s Advisory, Conciliation and Arbitration Service (ACAS), speaks to Owen, Isabel and Richard about the importance of Early Dispute Resolution. Sarah shares her expertise on the world of resolving conflict at work from the government department in charge of Early Dispute Resolution in the UK. Timestamps 00.23 - 03.06: Owen and Isabel introduce Sarah, the topic, and why it is of interest to Rising Edge. 03.11 - 05.02: Sarah explains the kinds of disputes she gets involved in as a collective conciliator, and people's awareness of unions and pay disputes. 05.02 - 08.31: Isabel asks Sarah to share how she prepares when entering a dispute and the differences between conciliation and mediation. 08.31 - 12.48: Sarah explains the role of the conciliator, and how the process plays out in practice. 12.48 - : 15.24: Sarah discusses the difference between collective conciliations and individual conciliations. 15.24 - 17.47: Isabel asks Sarah what a party to conciliation needs to do to get the most out of the process. 17.47 - 21.00: Owen and Isabel quiz Sarah on how maintains neutrality when conciliating pay disputes. 21.00 - 25.15: Sarah explains why a dispute may be deadlocked and how it can be unlocked. 25.15 - 28.51: Isabel asks Sarah what can push a conciliation off track. 28.51 - 29.47: Sarah explains how often she gets involved after a first failed conciliation. 29.47 - 33.19: Isabel and Sarah discuss the impact of the Covid-19 pandemic on the conciliation process. 33.19 - 34.38: Sarah gives her perspective on the trends she is observing in collective conciliation. 34.38 - 36.10: Sarah tells us the best and most challenging parts of being a conciliator at ACAS. 36.10 - End: Owen and Isabel share their key takeaways from the discussion with Sarah. For more information on Rising Edge visit the website, and for the full Rising Edge D&O Podcast archive click here.

Ever wondered if your board needs a corporate health check?  In episode 19 of the Rising Edge D&O Podcast, Richard and Owen discuss this very topic with Jeremy Irving, Partner and Head of Financial Services at law firm Browne Jacobson. Jeremy is also joined by Philippe Gouraud, CEO of Rising Edge, and Isabel Alvarez, a Rising Edge board member but also head of HR, talent & communications. Timestamps 00.23 – 02.38: Richard and Owen introduce the episode, topic and guests. 02.43 – 04.50: Jeremy outlines some of the challenges facing corporate UK on equity, diversity and inclusion (EDI) , and what role a board has to play. 04.50 – 07.22: Jeremy shares indicators and specific examples of when a board is not operating effectively. 07.22 - 08.48: Philippe and Jeremy debate the roles and responsibilities of directors on working in the interests of shareholders, while making the correct business decisions strategically day-to-day. 08.48 - 09.38: Jeremy explains why board effectiveness is important for corporate governance and the overall success of an organisation. 09.38 - 13.18: Jeremy talks through the process of a board effectiveness review, the methodologies what what can prompt one taking place. 13.18 - 17.37: Jeremy talks through common challenges that boards typically face in terms of effectiveness and how they can be addressed. 17.52 - 19.13: Philippe asks Jeremy if there are distinctions to be made between public and private companies on corporate governance and board effectiveness requirements. 19.14 - 23.08: Jeremy shares best practices and strategies to improve board effectiveness, and how often a review should be considered. 23.08 - 27.24: Philippe and Jeremy discuss the possibility of producing a risk rating or index to benchmark board effectiveness of organisations for the benefit of D&O underwriters. 27.25 - 28.54: Jeremy explains who should have the responsibility to implement a board effectiveness review. 28.54 - 37.56: Philippe, Jeremy and Isabel discuss the assessment of non executive director (NED) performance, objectivity and term limits. 37.56 - 41.50: Philippe and Isabel explain why Rising Edge chose to go through the board effectiveness review process and what they learned from it. 41.54 - End: Richard and Owen reflect on the episode and Owen shares his key learnings from the discussion. For more information on Rising Edge visit the website, and for the full Rising Edge D&O Podcast archive click here.

Do we talk enough about how to mitigate D&O risk? Join us for our discussion with risk and insurance expert, Julia Graham, CEO of Airmic. We delve into the intricacies of managing the constantly evolving intangible risks relevant to directors and officers. As underwriters of D&O risk; are we doing enough to help, are we asking the right questions, and what is it we should be asking that we don’t? Timestamps 00.24 – 03.50: Richard and Owen introduce the episode, topics and guests – Julia Graham, CEO of Airmc, and Philippe Gouraud, CEO of Rising Edge. 02.34 - 03.50: Richard explains what a captive is, and their relevance to the D&O discussion. 03.55 – 05.32: Philippe explains what D&O underwriters can learn from the property market and what he means by the “sprinkler for D&O”. 05.32 – 07.20: Julia discusses the development of risk management principles for D&O and increasing intangible risks. 07.20 – 09.21: Julia explains why soft skills, such as communication and learning, are key to D&O risk management in the boardroom. 09.29 – 11.00: Owen explains why organisational culture is important to mitigating D&O risk. 11.00 – 12.25: Julia says companies who take the value of their brand very seriously are usually more successful on managing D&O risk, while those with experience of a claim can provide valuable insight. 12.56 – 15.25: Julia shares what she believes are the most prominent emerging risks for D&O, including ESG and AI, and how they should be considered and addressed. 15.26 – 18.35: Philippe provides the Rising Edge perspective on whether a ‘good’ ESG rating equals a good D&O risk, and how he views AI risks. 18.35 – 21.09: Philippe and Julia debate how ESG, cyber and AI have become mainstream topics in governance and the challenges they present in the boardroom. 21.10 – 25.12: Julia and Philippe discuss their experience as captive board members and the importance of D&O cover for directors of captive insurance companies and what questions they should be asking of their D&O policies. 25.12 – 28.47: Owen asks Julia to share her views on the D&O underwriting process, whether the relevant questions are asked and what other questions she recommends. 28.53 – End: Richard and Owen reflect on the episode and Owen shares his key learnings from the discussion. In this episode, Julia references the Airmic Captive Governance Guide, which includes discussion on D&O insurance in the context of captive insurance. For more information on Rising Edge visit their website, and for the full Rising Edge D&O Podcast archive click here.

Episode 17 of the Rising Edge D&O Podcast is the second instalment of Owen's discussion on corporate governance with Sarah Bell, Partner at Grant Thornton in London, and Rising Edge CEO Philippe Gouraud. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: https://risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 16 of the Rising Edge D&O Podcast, Richard and Owen are joined by Sarah Bell, Partner at Grant Thornton in London with extensive experience of advising large organisations on the improvement of governance frameworks and organisational/business model design, optimisation of debt and capital structures and implementation of change programmes and turnaround plans. Rising Edge CEO Philippe Gouraud also joins Owen and Sarah for a discussion on corporate governance best practice, and how to go from theoretical discussions to delivering real change within an organisation. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: www.risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

Responding well to an employee claim. This is part two of our discussion on employment disputes and employment practices liability (EPL) with Louise Bloomfield, Partner and Head of EPL at DAC Beachcroft LLP, Anjali Sharma, Legal Director at DAC Beachcroft LLP, and Isabel Alvarez, Head of HR at Rising Edge. In this second half Owen and guests discuss what happens in the event of a dispute and claim, how to handle it successfully, and a look forward to future trends. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: www.risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 14 of the Rising Edge D&O Podcast Richard and Owen are joined by three experts on employment disputes and employment practices liability (EPL). Louise Bloomfield, Partner and Head of EPL at DAC Beachcroft LLP, Anjali Sharma, Legal Director at DAC Beachcroft LLP, and Isabel Alvarez, Head of HR at Rising Edge, discuss the common triggers for disputes, what procedures businesses need to have in place to mitigate the likelihood and ensure they are handled appropriately and where companies commonly fall short. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: https://www.risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 13 of the Rising Edge D&O Podcast, Richard and Owen are joined by Tom Filby, Partner at UK law firm Mills & Reeve, who routinely advises clients on matters relating to fraud. In this episode, Tom explains what the current landscape looks like for businesses in this area, and the steps that businesses can take to prevent being a victim of fraud. Most importantly, all is not lost when a fraud is uncovered! Tom reveals the actions businesses can be take in the immediate aftermath of a fraud to secure a recovery. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: https://www.risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 12 of the Rising Edge D&O Podcast, Richard and Owen are joined by Francis Kean, Partner for Financial Lines at McGill & Partners, and Yoel Brightman, Director at Rising Edge, to discuss and debate policy wordings in D&O policies. Francis also discusses common areas of dispute, whether the 'perfect policy' can ever exist, and potential for clashing priorities between entity and individual directors. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: https://www.risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In this special bonus episode of the Rising Edge D&O Podcast listeners hear from Kevin LaCroix, an attorney and Executive Vice President at RT ProExeca, as well as the author of the widely read blog, The D&O Diary. Kevin joins host Owen Dacey and Philppe Gouraud, Chief Exccutive Officer, and Yoel Brightman, Director, at Rising Edge to discuss the state of the D&O market on both sides of the pond, and What to Watch Now in the World of D&O. You can read Kevin's blogpost on this topic on his website: https://www.dandodiary.com/2022/09/articles/director-and-officer-liability/what-to-watch-now-in-the-world-of-do-11/ For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: https://risingedge.co/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

This is part two of episode 10 of the Rising Edge D&O Podcast, all about litigation. Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher are joined by Yoel Brightman, Director at Rising Edge, and Ron Rossi and Ed Filusch, from the New York firm Kasowitz Benson Torres LLP. In part two Ron and Ed discuss the litigation itself, what are the challenges, pitfalls, common mistakes you see and how to address them. They also discuss the process and theory behind how you develop and then execute a strategy for resolution by adjudication/trial or by a negotiated resolution. The Rising Edge D&O Podcast is presented by Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher, Executive Producer, and founder of the Global Captive Podcast. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 10 of the Rising Edge D&O Podcast we have the first half of a two parter all about litigation. Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher are joined by Yoel Brightman, Director at Rising Edge, and two lawyers from the New York firm Kasowitz Benson Torres LLP. Ron Rossi and Ed Filusch discuss established risks that can lead to litigation such as anti-competitive behaviour, but also many of the emerging risks we see now coming out of the modern world such as mass remote working, social media and ESG. The Rising Edge D&O Podcast is presented by Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher, Executive Producer, and founder of the Global Captive Podcast. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 9 of the Rising Edge D&O Podcast, the tables are turned on Owen as Richard interviews him for the Inside Track from the insurer's perspective in the event of a D&O claim Owen Dacey, Head of Claims at Rising Edge, discusses the first steps when an insured receives a claim or an investigation has begun, what the claims adjuster is examining and the information they are looking for, the importance of timely communication from all concerned, and some common missteps or obstacles in the process. The Rising Edge D&O Podcast is presented by Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher, Executive Producer, and founder of the Global Captive Podcast. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 8 of the Rising Edge D&O Podcast, Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher are joined by Sarah Coutts, Head of Advocacy, FINPRO and Head of Management Liability Claims at Marsh McLennan in London. Sarah provides listeners with the inside track of what is happening on the broker side when a claim or notification of possible claim is raised. Sarah also provides a new perspective of the insured's experience and how more care and attention from all concerned can smooth the process. The Rising Edge D&O Podcast is presented by Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher, Executive Producer, and founder of the Global Captive Podcast. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In light of the Russian invasion of Ukraine, this is a bonus episode of the Rising Edge D&O Podcast all about sanctions risks for organisations and their directors and officers. Regular hosts Richard Cutcher and Owen Dacey, Head of Claims at Rising Edge, are joined by Mandip Sagoo, a Partner at Clyde & Co in the Financial Institutions and D&O team. Mandip and Owen discuss the legal issues arising for directors and officers out of the sanctions imposed by the US, UK and EU against Russian entities and individuals For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode 7 of the Rising Edge D&O Podcast, Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher are joined by Jacqueline Young, isHead of Group Litigation at the litigation funder Augusta Ventures. Jacqueline provides an inside track on the world of litigation funding, how it works, the processes they go through before taking on the case and the advantages of involving a litigation funder when a D&O claim arises. The Rising Edge D&O Podcast is presented by Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher, Executive Producer, and founder of the Global Captive Podcast. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

The Rising Edge D&O Podcast returns for a second season with Owen being joined by a stellar cast of gusts from the law firm Steptoe & Johnson to discuss the increasing prevalence of cryptocurrency in the corporate world and how this is manifesting itself in risks to directors and officers. Our expert speakers on cryptocurrency and the emerging risks associated are Alan Cohn, Co-lead of Steptoe’s Blockchain & Cryptocurrency practice, advising clients on a range of blockchain and cryptocurrency related issues, from regulatory practices for cryptocurrency companies to legal issues associated with novel uses of blockchain technology. He has also previously served as a career official in senior policy position at The Department of Homeland Security in the US for almost a decade during both the George W Bush and Barack Obama administrations. Rachel Cannon, Partner with a focus on trial work, investigations, white-collar criminal defence and complex litigation. She works extensively in cryptocurrency matters and advises entrepreneurs about regulatory issues surrounding cryptocurrencies, initial coin offering, and blockchain technology. Rachel previously served as an Assistant United States Attorney in Chicago where she supervised the bankruptcy fraud program and worked in the securities and commodities fraud section. Nate Kritzer, Partner and a seasoned trial attorney whose practice focuses on litigating investment disputes covering topics such as securities and shareholder litigation, real estate litigation, bankruptcy litigation and class action defence. Nate has represented all manner of clients ranging from household name corporations and major financial institutions to start-up companies and high net worth individuals. Charles Michael, a litigation Partner specialising in high stakes disputes and arbitrations. He has represented clients in regulatory and criminal investigations by the Securities Exchange Commission, the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission, and The Department of Justice. He is also founder and editor of the SDNY blog which covers civil litigation and trial practice in the Southern District of New York. The Rising Edge D&O Podcast is presented by Owen Dacey, Head of Claims at Rising Edge, and Richard Cutcher, Executive Producer, and founder of the Global Captive Podcast. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In episode five of the Rising Edge D&O Podcast, Owen Dacey is joined by Richard Burger, Partner in the Regulatory, Compliance and Investigations Group at DWF, to discuss regulatory investigation risks in the UK. Owen and Richard focus on investigations carried out by the Serious Fraud Office (SFO) and how organisations and directors can be prepared for dawn raids. Richard also explains how such investigations, raids and interviews play out and the mitigating actions that can be taken in advance. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In the fourth episode of the Rising Edge D&O Podcast, Owen Dacey, Head of Claims at Rising Edge, is joined by three expert London-based lawyers from DAC Beachcroft to explore the threats of cyber incidents to directors and officers. Our three guests are William Allison, a Partner who leads the D&O team, Patrick Hill, Lead Partner in DAC Beachcroft’s Technology, Media, and Information team, and Will Naylor, a Senior Associate in the Global Insurance team who acts for insurers in defence disputes including D&O. The panel discusses why cyber threats and cyber security are an important issue for directors and officers to be on top of, the potential consequences of a breach and future risks on the horizon. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In the third episode Rising Edge D&O Podcast, Owen Dacey, Head of Claims at Rising Edge, is joined by James Cooper, a Partner and Chair of the Global Insurance Practice Group and Head of the Financial Institutions and D&O team at the law firm Clyde & Co. Owen and James discuss UK derivative actions and the landscape for directors and officers on this topic. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In the second episode of the Rising Edge D&O Podcast, Owen Dacey, Head of Claims at Rising Edge, is joined by three expert lawyers on ESG-related issues from Norton Rose Fulbright US LLP. Our guests are Neel Lane, a litigation Partner who advises D&O insurers with respect to risks facing their policyholders, Julie Firestone, a Senior Counsel and litigator who also advises companies on diversity, equity and inclusion particularly related to ESG disclosures, and Rachel Roosth, a Partner and commercial litigation advisor who also advises clients on mitigating risks related to sustainability, human rights, and ESG reporting. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app.

In the first episode of the Rising Edge D&O Podcast, Owen Dacey, Head of Claims at Rising Edge, is joined by Audra Soloway, Partner, and Daniel Sinnreich, Associate, both within the Paul Weiss Litigation Department, and Yoel Brightman, Director at Rising Edge. Audra and Daniel provide a US securities litigator’s perspective on risk mitigation and discuss pro-active strategies regarding public communications and disclosures. For more information on Rising Edge to sign up for updates and new episodes of the podcast, visit: https://risingedge.co/rising-edge-podcast-blog/ You can subscribe to the Rising Edge D&O Podcast on iTunes, Apple Podcasts, Spotify or any other podcast app. ------------------ This podcast is produced by Global Captive Media Ltd.

Join Owen Dacey, Head of Claims at Rising Edge, GCP's Richard Cutcher and D&O lawyers from around the world for the first series of The Rising Edge D&O Podcast. The series will begin on Monday, 25th October. In future episodes, Owen and a parade of experts will be discussing hot D&O risk mitigation topics such as UK derivative actions, regulatory enforcement, ESG, cyber and risks facing US listed companies. There will be guests from law firms including Paul, Weiss, Rifkind, Wharton & Garrison LLP, Norton Rose Fulbright US LLP, DWF, DAC Beachcroft LLP and Clyde & Co. Subscribe to the Rising Edge D&O Podcast on any podcast app or platform to ensure every new episode is downloaded straight to your device. For more information on Rising Edge visit their website: https://risingedge.co/ ------------------ This podcast is produced by Global Captive Media Ltd.