- Counsels on corporate governance matters, ways to reduce exposure to shareholder lawsuits and regulatory investigations
- Board of Directors - Realty Income Corporation (NYSE: O)
- Board of Advisors - Rock Center for Corporate Governance, Stanford University
- Lecturer at Stanford University's Directors’ College
- Law Clerk to the Honorable Judge Frank Magill of the United States Court of Appeals for the Eighth Circuit
- All 7 Best Practices
- Pre-Call Discovery Process
- One-on-One Call with Expert
- Session Summary Report
- Post-Session Engagement
Director and Officer Liability and its Mitigation
Risks & Opportunities
Among the risks if your company is not paying proper attention to the Best Practices for mitigating director and officer liability are:
- Unlimited personal liability for directors and officers.
- Inability to recruit and retain the best possible directors and officers because they're worried about unlimited personal liability.
- Your company's cash flow could be drained by the expense of defending directors and officers.
- Your directors and officers won't take appropriate risks to maximize the performance of the company if they're overly sensitive to their personal risk.
- You're likely to be spending too much on your D&O insurance.
- Even if you're paying the appropriate amount for your insurance, you may not be getting the proper coverage.
OpportunitiesAmong the opportunities if your company follows Best Practices are:
- Protection for your corporate directors and officers.
- The ability to recruit the finest individuals for those roles.
- Protection for your company's balance sheet against lawsuits.
- The assurance that you are spending no more money than you need on this coverage, and therefore, the assurance that you have maximum resources for other company needs.
- The reassurance to company directors that, at least in this regard, the company is being well run.