Rising Edge D&O Podcast

Rising Edge D&O Podcast

The Rising Edge D&O podcast is dedicated to exploring and analysing the risks directors and officers at corporations are exposed to and what can be done to mitigate them. The podcast is hosted by Owen Dacey, Head of Claims at Rising Edge, GCP's Richard Cutcher and features interviews with D&O experts from around the world. Series 1, launched on Monday, 25 October 2021, included episodes on UK derivative actions, regulatory enforcement, ESG, cyber and risks facing US listed companies. Series 2, launched on 21 March 2022, includes an episode on crypto, provides the inside track on the claims world, and ends with a double-header on litigation. Disclaimer: The views, information, or opinions expressed during The Rising Edge D&O Podcast series are solely those of the individuals involved and, unless stated otherwise, do not necessarily represent those of Rising Edge Ltd and its employees, or those of the employers of the podcast guests. Information and opinions are provided in good faith for general information and educational purposes only and do not constitute professional advice or services. Any reliance you place on such information is strictly at your own risk. Rising Edge Ltd disclaims all liability and responsibility arising from any reliance placed on the materials by you, or anyone who may be informed by its contents.

  1. 01/21/2024

    RE#22: Bankruptcy in the USA and D&O risk Unpacked

    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! 00.23 - 03.10: Richard and Owen introduce the topic and our guests. 03.15 - 11.24: Daniel explains what Chapter 11 in the US is and how it differs from other forms of bankruptcy. 11.24 - 13. 00: Owen and Daniel discuss the speed and complexity of US bankruptcy court proceedings. 13.00 - 23.58: Daniel and Andrew explain how D&O insurance comes into play in a bankruptcy event. 24.00 - 30.10: The trio discuss how insurance policies are increasingly being tailored for bankruptcy events and why that is helpful. 30.11 - 34.10: Daniel and Andrew explain how directors and officers and can mitigate the impact of decisions during bankruptcy proceedings. 34.11 - 36.00: Andrew discusses the role of the board of directors change during a bankruptcy and the key responsibilities during the process. 36.01 - 40.40: Andrew explains the role of outside counsel when representing a company in bankruptcy, how they can be helpful for individual directors and officers and the emotions and stress involved for Ds and Os. 40.41 - 42.49: Andrew gives his tips for how to manage the communication and relationships with various stakeholders during a bankruptcy event. 42.50 - 51.47: Daniel and Andrew share their important trends for insurers, directors and officers to consider in 2024 and why the ongoing Purdue Pharma Supreme Court case is so significant for future bankruptcy proceedings. 51.51 - 55.13: Owen shares his takeaways from the interview with Andrew and Daniel. For more information on Rising Edge, visit our website. The full archive of the Rising Edge D&O Podcast is available here.

    55 min
  2. 11/05/2023

    RE #20: Resolving and empowering relationships: An ACAS Conciliator's perspective

    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.

    40 min
  3. 10/22/2023

    RE #19: Board Effectiveness Reviews. Do you need a corporate health check?

    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.

    46 min

Ratings & Reviews

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About

The Rising Edge D&O podcast is dedicated to exploring and analysing the risks directors and officers at corporations are exposed to and what can be done to mitigate them. The podcast is hosted by Owen Dacey, Head of Claims at Rising Edge, GCP's Richard Cutcher and features interviews with D&O experts from around the world. Series 1, launched on Monday, 25 October 2021, included episodes on UK derivative actions, regulatory enforcement, ESG, cyber and risks facing US listed companies. Series 2, launched on 21 March 2022, includes an episode on crypto, provides the inside track on the claims world, and ends with a double-header on litigation. Disclaimer: The views, information, or opinions expressed during The Rising Edge D&O Podcast series are solely those of the individuals involved and, unless stated otherwise, do not necessarily represent those of Rising Edge Ltd and its employees, or those of the employers of the podcast guests. Information and opinions are provided in good faith for general information and educational purposes only and do not constitute professional advice or services. Any reliance you place on such information is strictly at your own risk. Rising Edge Ltd disclaims all liability and responsibility arising from any reliance placed on the materials by you, or anyone who may be informed by its contents.