The boardroom Archive

The US is in its fifth month of an unprecedented healthcare crisis, and the social and economic impacts are well documented and unparalleled in our nation’s history. So many of us are still trying to understand the short-term dynamics that may drive new behaviors, create new needs – and even trigger permanent changes for our industries, our companies and every employee we work with. Although the specific responses to the pandemic vary from industry to industry a...

Organizations competing in the dynamic global economy inevitably encounter incidents of disruptive and unexpected strategic risk or crisis, which threaten to compromise their legal, financial or reputational standing – and necessitate real-time engagement. Such incidents of disruption and crisis across every industry and business are happening more frequently and cutting more deeply than ever before, with Covid-19 being the latest – and perhaps most profound –...

Business continuity planning during the Covid-19 pandemic requires boards of directors and senior management teams to confront the unthinkable: how will the business continue to function if key leaders and decision-makers are incapacitated? Boards, senior management and corporate counsel should therefore consider whether the company has in place appropriate leadership resilience plans, both with respect to senior executive emergency succession and board emergency pr...

The Covid-19 pandemic has caused significant volatility in the equity markets, with companies across different sectors experiencing sometimes precipitous declines in share prices coupled with significant changes in share ownership. Public companies often experience an uptick in activist demands and unsolicited offers after such periods of exceptional turbulence. The 2008 financial crisis, for example, was followed by a significant increase in unsolicited offers, proxy cont...