Director Liability: Avoiding Risks and Legal Challenges
Directors and high-ranking officers of privately and publicly held companies around the globe operate in an extremely difficult and complex business, legal and regulatory environment. In the United States, there is a heightened scrutiny on the fundamental principles of corporate conduct. The Sarbanes Oxley Act and other U.S. regulations have been enforced to improve corporate governance and eliminate unwanted executive behaviors. These regulations increase directors' vulnerability to litigation risk when found to be in noncompliance. Aside from this complicated regulatory and litigation landscape, corporate leaders must also confront and manage other factors such as shareholder pressure and the perceptions of public interest to avoid such risks.
These are not novel issues. They have been apparent in past years and will remain present in the coming years. While there is no single concrete solution for these challenges, a clear understanding of the fundamentals of corporate duties and obligations is important to help directors focus on the right issues and take the right action.
This course offers an overview of the latest trends and legal insights on director and officer liability. A panel of thought leaders and practitioners assembled by The Knowledge Group will help company directors and officers understand and use these trends to strategize practices that will help them avoid risks and other legal challenges.
In a two-hour LIVE Webcast, the speakers will discuss:
- D&O Liability Trends
- Personal Liabilities
- D&O Insurance Policies
- Impact of The Yates Memo
- Recent Regulatory Updates
- Best Practice to Avoid D&O Liability
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
- What factors will the Justice Department look at in deciding whether to pursue charges against Officers and Directors?
- How did the Yates memo change the landscape for potential criminal charges against corporate officers and directors?
- What are the best practices to avoid D&O liability?
- What is and is not covered under D&O insurance?
Shutts & Bowen LLP
- How to Minimize Litigation Exposure for Directors in Florida
- Importance of Drafting Agreements that Eliminate or Limit Liability for Certain Breaches of Fiduciary Duty
- Addressing Federal Laws and New Cases Involving Director Liability
- Sample Case Application to Issues at Bar
Who Should Attend:
- Senior Management
- In-house Counsel
- Risk and Compliance Officers
- Corporate Counsel
- Corporate Law Attorneys
- Private and Public Companies
John Zavitsanos loves a courtroom fight, and he’s regularly hired as lead trial counsel, sometimes only days before trial. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and the National Board of Legal Specialty Certification. Mr. Zavitsanos is routinely recognized as one of the best lawyers in the country. He is ranked in commercial litigation by Chambers USA and is routinely included as one of the top 100 lawyers in Texas. The firm he co-founded, AZA, has been named a Texas Powerhouse by Law360 and a 2015 Litigation Firm of the Year by Texas Lawyer. He has tried more than 75 cases to verdict in complex commercial disputes involving energy, financial services, construction and other areas.
John Zavitsanos loves a courtroom fight, and he’s regularly hired as lead trial counsel, sometimes only days before trial. He …
Aliette DelPozo Rodz is a shareholder in the Miami office of Shutts & Bowen LLP, where she is a member of the Business Litigation Group and Chair of the Cuba Task Force.
Aliette has been recognized by South Florida Business Leaders, is a recipient of the Women Extraordinaire award and a finalist of Businesswomen of the Year; and she has received recognition from Outstanding Lawyers of Miami-Dade County. Aliette counsels businesses facing legal challenges to compete in the global economy. She advocates for U.S. and foreign companies and institutions in national and international disputes in court or through alternative resolutions.
Outside of her practice, Aliette is dedicated to supporting women in business and numerous nonprofit organizations. She is the Chair and one of the pioneers of the firm’s Focus on Women Group and is a longtime supporter of The Commonwealth Institute for Women and Casa Valentina, as well as organizations such as Educate Tomorrow, which serves foster youth. She is a board member of the Ladies Empowerment and Action Program, Inc. (L.E.A.P.), a non-profit organization that empowers and educates women to make positive life changes transcending into the business community after prison. She is also on the Executive Leadership Team of the American Heart and Stroke Association and is currently serving as Chair of the 11th Judicial Circuit’s Florida Bar Grievance Committee. Aliette is also is a board member of the Zoological Society of South Florida.
Aliette DelPozo Rodz is a shareholder in the Miami office of Shutts & Bowen LLP, where she is a member …
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About Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
AZA, or Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., is first and foremost a trial firm with attorneys who hail from the best law schools in the country. Our eight partners have collectively tried over 225 cases and have a formidable track record in complex business and intellectual property disputes. Our courtroom experience, our knowledge of what will matter to a jury or judge, and our command of trial technology permits us to do this efficiently. Being trial-ready also strongly influences settlement. Opponents recognize that we have confidence in our position and our ability to advocate. In fact, AZA is often hired on the eve of trial, once it has become clear that the case must be tried. Houston-based AZA is rated as a top Texas commercial litigation firm in 2016 by Best Law Firms, Chambers USA and Benchmark Litigation.
About Shutts & Bowen LLP
Shutts & Bowen is a full service business law firm with more than 270 attorneys in seven offices throughout the State of Florida. Founded in 1910, Shutts & Bowen is one of the oldest law firms in Florida with more than 30 practice areas. We offer our clients, whether local, state, national or international, a diverse and complete range of high quality and responsive legal services.