MayJune 2008

Corporate Board Member Magazine NYSE Euronext

Board Committee Interactive
Join Our Email List

  Research Panel

Home / Board Liability / Hot Topics

Board Liability

ARTICLE
Watch Who's Jumping Ship—and Why 
from the May/June 2008 edition of Corporate Board Member

Turnover among employees, and not just senior managers, can threaten a company’s competitive advantage, eat away at its reputation, and decrease shareholder value. Boards need to step up surveillance.

WEB EXCLUSIVE
D&O Insurance: 3 Things Directors Can Do to Better Protect the Company While Still Protecting Themselves
April 7, 2008

In the past month, I have been asked by two directors and one corporate risk manager whether directors may subject themselves to a breach of fiduciary duty claim by agreeing to their company purchasing a directors’ and officers’ (“D&O”) insurance program that increases the protections of the directors at the expense of the protections of the company itself. I think that is a hard claim for a plaintiff to win, but the question raises a very good point: Is D&O insurance a zero-sum game?

StevenBochner_BGS10bWEBCAST
Keys to Minimizing Director Liability
from the Board Governance Series

Steven E. Bochner, partner, Wilson Sonsini Goodrich & Rosati, talks about steps directors can take, from oversight to good record keeping practices, to reduce the likelihood of liability.

ARTICLE
Securities Class Action Settlement Totals Down 60 Percent in 2007
April 4, 2008

The number of settlements with estimated damages above $1 billion is the lowest since 2003, but median settlement reaches highest level ever at $9 million.

ARTICLE
Insurance Coverage Legal Audits are Not a Luxury
March 26, 2008

An insurance coverage legal audit assesses your needs and identifies potential problems with your coverage before a loss or claim happens. This allows you to negotiate around the pitfalls or buy additional needed coverages. The time to do an audit is now. Once a loss or claim happens, it is too late to ask the insurer to clarify or broaden the coverage terms. For better or worse, the battle lines are then already drawn.

ARTICLE
Turning (Dollar) Weakness Into Strength
February 13, 2008

Foreign exchange risk is an enterprise risk. There are three key questions that board members need to ask about foreign exchange risk.