Deferred Prosecution Agreements and Directors Liability
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Indemnification
Page 204
This chapter covers ultimate indemnification and not advancement of defence costs. Following a corporate DPA, a (former) director may face multiple causes of action which may give rise to Claims under their D&O policy. This may be the case where the (former) director has participated in the wrongdoing which forms the underlying offence to the DPA (and/) or where the director has been involved in the negotiations. In either of the aforementioned events, the director may face a civil claim for breach of their directors’ duties.1