Governance

From investigation to insurance eligibility, authors Edward Glickman, Scott Sherman and Josh Lewin describe a few scenarios you can expect to encounter when you are asked to join a special litigation committee. This article is the second in a two part series. Part 1 explains the underlying reasons for SLCs, the lawsuits in which SLCs are involved, the powers of...

When companies are tasked with investigating the alleged misconduct of current or former officers and directors at the urging of shareholders, they have a few options. An SLC is often the best way forward. Authors' note: This article is the first in a two-part series designed to provide a high-level overview with key insights to directors on what they need...

Digital savvy is becoming more than a desirable attribute that directors and senior executives aspire to embrace. Compelling research asserts that companies could be falling behind if their boards lack 21st century know-how. It is intuitive that the same applies to business leaders. Boards and business leaders are well aware of the digital revolution taking place across the globe. And...

Most business leaders recognize the futility in predicting the future. As markets transition out of the pandemic, it makes sense to improve the organization’s agility in responding and adapting to the unexpected.       The business model is akin to a finely tuned machine requiring the coordination of multiple components to deliver value to customers according to the company’s brand promise....

General counsel (GC) say that the COVID-19 pandemic rewrote their to-do list. And with many teams back in the office, once-relaxed expectations are also undergoing a return-to-work transition. Stakeholders may have granted a partial “COVID truce” in 2020, but now companies and boards face new expectations of corporate behavior. New risks for boards to consider around subjects such as equality,...

COVID-19 eroded gender equality in many sectors, industries and regions. Leaders now have a responsibility to reverse this trend. It's going to require a combination of extrinsic and intrinsic pressure to make that happen. The past year has been marked by significant disruption, with effects felt far and wide. Gender equality has taken a step forward in the 21st century,...

With the global pandemic and a record-breaking year for women in public leadership positions in the U.S., what is the state of global gender representation? Global management consultant Kearney addresses this in their latest gender equity report, The Gender Equality Dilemma, compiled from research examining gender representation across public and private sectors. This year’s study is the fourth annual report and has expanded from four to nine...

The workplace of the future is being shaped by two powerful forces: the shifting mix of permanent and non-permanent talent, and the growing adoption of digital technologies. How companies address these trends can determine their success over the next decade.

Corporate boards of directors face a more acute set of challenges in setting their compensation than they have in recent years. Until recently, a primary focus was the risk of shareholder litigation challenging allegedly excessive director compensation. That concern has receded as many companies have taken steps to mitigate the risk of lawsuits. But now boards need to navigate two...

Deloitte and the Society for Corporate Governance have published the newest Board Practices Quarterly, with this issue exploring how corporate boards oversee cybersecurity and cyber risk — including matters relating to board composition and structure, management’s reporting to the board, board information sources and shareholder engagement — as well as voluntary corporate disclosure practices. Key findings include: Cyber experience: About 70 percent of large-, mid-cap...

Most companies aren't including DEI and other workforce data in the human capital disclosure sections of their 10-Ks. A recent Intelligize report analyzes SEC filings following a rule change last November. Though companies say diversity, equity and inclusion (DEI) are top concerns, few included DEI data as part of human capital disclosures on their latest Form 10-Ks. Public companies already...

Deloitte's quarterly assessment of board focus finds that diversity, equity and inclusion subjects are a paramount concern for many companies across sectors. DEI beat out the ongoing response to COVID-19 and ESG for most entities. Once each quarter, Deloitte’s Center for Board Effectiveness and the Society for Corporate Governance collaborate to produce the Board Practices Quarterly, a report based upon...