• Lawyer

    BFI Global

Directors and officers liability

A top-notch law firm is representing the former directors and officers of a bankrupt corporation. The appointed trustees, together with a labour union, are pressing charges holding the board members personally liable for the deficit in the bankrupt estate. The claims are exceeding the coverage of the D&O insurance contracts.

  • Based on a reconstruction of events can one speak of causal relationships between the decision making process of the boards, as well as their behaviour, and the unfortunate bankruptcy?
  • How did the board’s assessments and actions made sense at the time, given the circumstances that surrounded them?
  • What is the impact, if any, of hindsight bias, selection bias and confirmation bias on the reasoning of the trustees?
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