The Diciest Of Corporate Governance Issues
January 12, 2023
Among the questions addressed: Do we need to hire outside counsel? Will the results be disclosed, and if so to whom? How much should be written and how much should be conveyed orally only? How do we minimize disruption to the business? Under what conditions do we recommend an interview subject hire personal counsel, and under what circumstances should the company foot the bill? How extensive and wide-ranging should the process be, and what potential evidence needs to be preserved?
“The task of corporate directors investigating potential misconduct is certainly unenviable,” the writers conclude, “but, if done properly, directors can lead their companies out of perilous situations to emerge better off than before.”
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