Oversight in Hindsight – Managing Director Risks & Liability
Being a corporate director can be a risky business. Today’s directors work in an environment where expectations regarding Board oversight and performance have been heightened, and the scrutiny of Board activities and policies is intense. In addition to reputational damage, directors who are perceived not to have met those expectations can be exposed to lawsuits by, among others, the company, stockholders, creditors, employees, and state and federal regulators. Directors, quite understandably, should be concerned regarding their potential exposure to public embarrassment and/or personal liability and the steps that can be taken to insulate them from any such deleterious consequences.
Our panel of experts will discuss the various protections available to boards and their individual members. Topics to be addressed will include (i) what are the warning signs to look for before joining a board, (ii) recent sources of litigation against directors, (iii) case law developments regarding director exculpation, indemnification and advancement, and (iv) current trends in D&O insurance.