Company boards of directors are expected to be stewards of the company and to perform their duties in accordance with applicable law. One way to ensure that the Board is acting in accordance with the law is to seek advice from a corporate attorney regarding the board’s duties and obligations, which may vary based on the facts and circumstances of a particular situation.
By seeking and receiving advice from legal counsel, the Board’s deliberations are presumed to have been in compliance with the law. Although this is not a guarantee against shareholder law suits, it does place a higher burden of proof on any party that seeks to claim that the Board has breached its duties.
We provide direct representation to boards of directors regarding strategic planning, potential risk exposure and mitigation, corporate governance, proxy disputes, and shareholder and annual meeting process and procedures. Feel free to contact us to perform a review of your corporate governance documents, meeting minutes and procedures to ensure compliance with best practices and applicable law: (678) 597-8755.