Fiduciary Duties

Fiduciary Duties

This resource center contains guidance and tools for directors to gain a realistic outlook on their liability exposure so that they can act with confidence to fulfill their roles based on known standards.

Monitor New Trends in Director Liability

Emerging Issues (NACD Resource Center) Recent Delaware Cases Blog Series on D&O Liability (Lacroix) Blog Series on Delaware Cases (Pileggi) D&O Insurance Issues Arising from the COVID-19 Crisis (Hunton Andrews Kurth, LLP) Washington Review, Q1 2020 D&O Liability: Three Emerging Areas to Watch Director FAQ: Risk Oversight of Sexual Misconduct

Understand the Basic Sources of Director Liability

FTC Thresholds for Interlocking Directorates (Federal Trade Commission) The Importance of Having a Financial Expert on the Audit Committee (Diligent) Director FAQ: Fiduciary Duties Court Explains Directors’ Fiduciary Duty of Oversight Director FAQ: Director Independence Director FAQ: Boards and Regulation Fair Disclosure (Reg FD) Delaware General Corporation Law on Interested Directors (Subchapter IV, Section 144)

Establish Processes to Reduce Director Liability Exposure

Who’s Driving Your Legal Destiny? DOJ Evaluation of Corporate Compliance Programs D&O Liability Insurance Trends Director Essentials: Strengthening Compliance and Ethics Oversight Director FAQ: Avoiding Conflicts of Interest Blue Ribbon Commission Report on Director Liability

Shareholder Litigation

Board Oversight of Securities Class Action Defense Statistics on Securities Class Action Lawsuits (Stanford Law School)

Oversee Legal Aspects of Cyber Risk and Privacy

Overseeing Cyber Risks in a Complex Regulatory Landscape Director FAQ: The Board’s Role in Data Privacy Oversight

Consider Global Liability Issues

Director FAQ: What Boards Should Know About the GDPR Director FAQ: Subsidiary Governance

Videos and Webinars

Cyber-Risk Oversight Boardroom Update: Threats and D&O Liability