Directors’ Liability
Those who run a company face personal liability — with their own assets. Directors’ liability demands fast action, precise defence and confident handling of D&O insurance.
Responsibility, defended.
PACTUM advises and represents managing directors, executive and supervisory board members on liability matters — from preventively safeguarding their conduct of office to defending liability claims and disputing coverage with the D&O insurer. We also represent companies in pursuing claims against former officers.
Directors’ liability is personal — for the individual concerned, it is about their own assets, often their professional existence. The first steps after an allegation determine the evidentiary position, insurance coverage and negotiating position. We get them right.
What we handle.
Liability Defence
Defending managing directors and executive board members against damages claims from the company, insolvency administrators and third parties — out of court and in court.
Claim Enforcement
Representing companies and shareholders in pursuing directors’ liability claims — from internal investigation through claim assessment to litigation.
D&O Insurance
Coverage questions from notification of claim through to coverage litigation — obligations, exclusions, deductibles and the interplay between the liability and coverage relationship.
Liability in Crisis
Duties in the event of illiquidity and over-indebtedness — payment prohibitions under Section 15b of the German Insolvency Code, the duty to file for insolvency, and personal liability for taxes and social security contributions.
Prevention & Conduct of Office
Low-liability structuring of management conduct — the business judgement rule, allocation of responsibilities, delegation and documentation of decisions before they are challenged.
Separation & Full Settlement
Orderly departure from office — termination agreements, discharge, waiver and full settlement clauses that also cover future allegations.
How a liability case proceeds.
Initial Contact & Risk Analysis
We analyse the allegation, the resolutions and documentation, and give an honest assessment of the liability risk — before you explain yourself to anyone.
Securing Coverage & Evidence
Timely notification to the D&O insurer, preserving documents and email accounts, managing limitation periods — the decisions that matter in the first weeks.
Out-of-Court Defence
A substantiated response to the allegation, negotiation with the company, insolvency administrator and insurer — many liability cases can be resolved before litigation.
Court Proceedings
If it comes to litigation, we defend through every instance — with a complete review of the decision-making basis and consistent application of the business judgement rule.
Conclusion & Settlement
Settlement, coverage agreement and full release — a liability case is not concluded until future allegations from the same facts are also excluded.
Other Practice Areas
Facing a liability allegation?
Talk to us before you explain yourself. The first steps determine the evidentiary position, insurance coverage and negotiating position.
Request a consultation