Package includes:

On Demand Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $205 - NZLS members and Associate members
• $255 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Directors and companies are increasingly at risk of civil claims and regulatory proceedings. This module explores some of the issues and challenges that arise.

Do you advise or act for companies, their directors and/or officers? The presenters will outline their perspectives on some of the practical and tactical issues that need to be considered in advising companies and/or their directors in investigations, internal disputes and litigation. The module will be conducted in an informal, discussion style to make full use of the experience and perspectives of those attending.

Topics covered will include:

• The implications of the distinction between a company and its directors
• When do company and directors’ interests diverge and what should be done?
• Recognising who is the client and dealing with conflicts of interest within a company, from the perspectives of both external and In-house lawyers
• What rights do directors have to company records and should they keep their own notes?
• To whom does privilege belong?
• For what liabilities may a company indemnify and what insurance issues may arise?
• What are some current sources of liability and conflict?
• Some issues arising from overlapping civil and criminal enforcement proceedings.

Please contact us if you use a dial up internet connection.

Learning objectives

After completing this module you will:

• Be more alert to the consequences of the distinction between a company and its directors and understand their options for dealing with divergences of interests.
• Identify issues in your own organisations or clients and have some tools for dealing with them.
• Understand some of the different sources of liability that companies and directors may face.

Electronic Booklet 

Authors: Andrew Horne, Adam Ross QC
Published: 9 August 2017
Pages: 28
Electronic booklet can be downloaded from My CPD > My Online CPD after purchase.

Introduction

Companies and their directors and senior management are increasingly at risk of civil claims and regulatory proceedings. The finance company cases saw directors of eleven companies convicted of offences and a number of them were sentenced to imprisonment or home detention. The Pike River mine disaster ushered in a new health and safety regime that imposed new duties upon directors and senior managers. The Financial Markets Authority, Commerce Commission, NZX and other regulators are increasingly active in monitoring and investigating market conduct and commencing regulatory proceedings or disciplinary actions. Civil claims by groups of litigants in representative actions or so-called “class” actions are also on the rise.

This booklet and the accompanying webinar explores some of the issues and challenges that arise when companies, directors and management require legal representation as the result of an investigation or proceeding. Our focus is upon the practical and tactical issues that need to be considered when advising in the context of investigations, internal disputes and litigation. (Continued...)

PowerPoint Presentation

These are the slides included in the presentation.