Board Advice | Liability of Board Members

Supporting management and supervisory bodies (executive board, management board, supervisory board, advisory board and administrative board) and their members is a further core area of our practice. As experienced consultants, we support committees and board members in all current matters and also in dealing with special situations.

Our field of advice includes in particular

• Ongoing advice including preparation and implementation of board meetings and resolutions
• Board duties in special situations (in particular in the case of takeovers, suspected compliance violations and during a crisis)
• Liability protection of management measures (including Business Judgement Opinion)
• Appointment/revocation of board members
• Management contracts, compensation models (including stock option programs) as well as severance and resignation agreements
• Examination and (also judicial) prosecution of a Company’s directors’ and officers’ liability claims against current and former directors and officers (“ARAG/Garmenbeck”)
• Defence against unjustified (liability) claims against current/former board members, including insurance law issues (in particular securing of D&O coverage)
• Negotiation and conclusion of D&O liability settlements (both liability and coverage settlements)