Corporate Officer and Director Liability: Helping D&Os Navigate Increased Exposures

This CLE course will address recent trends in the law pointing toward increased exposure for corporate officers and directors. D&Os are finding themselves increasingly in the crosshairs of government enforcement investigations as well as litigation brought by shareholders, customers, and business partners.

D&Os owe statutory and common law duties to shareholders, including fiduciary duties of care and loyalty. As long as they take reasonable steps to inform themselves and discharge their duties, D&Os are supposed to be protected by the business judgment rule. But this protection is not absolute, and even allegations of violations or breaches of fiduciary duties can lead to an expensive, time-consuming lawsuit with potentially devastating personal liability for directors, officers, and LLC managers.

Listen as our panel of experienced litigators discusses lessons learned from recent actions by federal and state regulators to hold individual D&Os liable for corporate misconduct. In addition, the panel will address recent cases where courts have made it easier to sue directors or officers in their individual capacities. The panel will provide practical guidance on how to mitigate personal liability and fund the defense of individuals without waiving the privilege by utilizing indemnification provisions and D&O insurance.