Einde inhoudsopgave
Directors' liability (IVOR nr. 101) 2017/2.3.2
2.3.2 Research method
mr. drs. N.T. Pham, datum 09-01-2017
- Datum
09-01-2017
- Auteur
mr. drs. N.T. Pham
- JCDI
JCDI:ADS393752:1
- Vakgebied(en)
Ondernemingsrecht / Rechtspersonenrecht
Voetnoten
Voetnoten
I did not intend to test the potential causal relationship between liability and defensive behaviour and whether the relationship may be mediated by liability protection. Instead, I wished to describe and understand directors’ perceptions and attitudes about directors’ liability risks (see also Parker & Lehmann Nielsen (2011), who make distinctions between objective and perceptual research approaches to the understanding of regulatory compliance).
In paragraph 2.3.3.1, I assumed that the specific target group is the one most aware of directors’ liability risks.
See paragraph 2.3.3.2-2.3.3.6.
See, for example, Bijleveld (2007, p. 89), who discussed the importance of triangulation in relation to the internal validity of research.
See also paragraph 2.3.3.3.
In this research, I will endeavour to understand the perceptions that directors have of liability risks and how they may respond to it. Moreover, I will examine how directors perceive the functions of liability protection and the potential value of such protection.1 Given the target group – senior directors of major (listed) Dutch group companies – and the sensitivity of the research topic,2 I did not expect to be able to observe these directors throughout their daily routines. Moreover, I also expected to face difficulties regarding their willingness to participate in the research, should it demand too much of their time. I preferred to interview a relatively large number of directors instead of focussing on a small number of participants in the study.
I further combined interviews with other sources of information and methods of data collection3 to overcome the limitations of each of the individual methods.4 At the time of the interviews, the participants represented at least 83 listed companies relevant to this study.5 I studied publicly available corporate documents for each of the companies, analysed media reports on these companies and the participants, and evaluated court decisions. Finally, these sources of information were complemented, compared and validated with interviews with legal professionals, insurers and risk managers.