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D&O Day on 8 June 2016 in Stuttgart

News from 13.06.16

“Liability of executive bodies due to payments after maturity of bankruptcy – sense and nonsense of the latest jurisprudence from the Federal Court of Justice” – this was the subject with which Dr. Georg Bitter (University of Mannheim) opened up the series of lectures at tsp’s D&O Day this year, on 8 June 2016. Beforehand, Dr. Roderich Thümmel had welcomed the fifty or so participants to the 2016 D&O Day.
During the course of the day, five additional lectures followed concerning the subjects of D&O liability and D&O coverage. Mr. Jens Haubold addressed the decision of the Federal Court of Justice in the “arag/Garmenbeck” matter and introduced promising approaches for limiting the prosecuting duties of the supervising board. Dr. Jörg Henzler delved into the question of how far the compliance duty of executive bodies extends and whether there exists a general duty to set up a compliance management system. Dr. Roderich Thümmel considered the possibility of rulings extending beyond the coverage claim and the accompanying risks. Dr. Franck Schmidt-Husson investigated, by means of various wordings used on the market, the prerequisites and effects of the precautionary notification of circumstances. Finally, Dr. Roland Haberstroh devoted himself to the problems posed in the event of distribution of the coverage amount when the liability claims being raised and threatened exceed the coverage amount.
The proven mix of lectures, discussions, and talks before both large and small audiences as well as in good company made the 2015 D&O Day, as before, a complete success. Dr. Roderich Thümmel was pleased about how the event resonated and unfolded: “The broad, top-notch composition of the public and the positive feedback show us that the D&O Day is established as a platform in the industry,” he stated.