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Directors and officers are prime targets as companies come to terms with new exposures arising from regulatory compliance, taxation, sexual harassment, cybersecurity and a variety of other high-risk areas, while investors and regulators are increasingly bringing these issues to the forefront. Plaintiffs are securing third-party support and funding, helping to drive the expansion in D&O litigation.
The pursuit of claims is expected to increase throughout 2018 and beyond due to a steady increase in regulation of corporate boards, directors and officers.
Critical executive governance issues can range from long-term strategy and planning for cybersecurity oversight and board composition to crisis response related to investor activism, regulatory investigations, and sexual harassment claims. Corporate counsel must stay aware of regulatory changes that increase the risk of D&O liability and prepare with practical methods to avoid or mitigate misconduct liability.
Our panel will guide corporate counsel and management on mitigating or preventing liability associated with critical areas that result in the highest number of claims against corporations, executives, directors and officers. The panel will examine critical risk areas - a record number of securities class actions in 2017, increasing sexual harassment claims, and executive misconduct settlements - and offer approaches to strengthen D&O compliance and other governance matters to shield directors and officers from liability.
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