MANAGEMENT LIABILITY
DIRECTORS AND OFFICERS
Running a company, whether it’s large or small, comes with its fair share of risk. A company and its directors face both a personal and corporate liability exposure from numerous stakeholders including the following:
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· Shareholders
· Employees
· Competitors
· Creditors
· Regulators
· Customers
· Liquidators / Administrators
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When a breach of company law or regulation is alleged, the focus is on your conduct as a manager and as a company. You may think a claim is completely baseless or without merit, but it will still cost time and money to defend successfully.
Types of claims you or your company could face include:
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· Breach of directors' or officers' duties
· Breach of fiduciary duty
· Defamation
· Breach of the Trade Practices Act, and other statutes
· Workplace health and safety proceedings
· Infringement of intellectual property rights
· Breach of confidentiality
· Allegations of illegal or improper conduct
· Employment practices claims (bullying, sexual harassment or unfair dismissal)
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Having the right Management Liability or Directors’ and Officers policy in place can help alleviate the financial burden of these types of claims.