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 ongoing matters and also in dealing with special situations.

Our range of services 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)
• Advising management and supervisory boards on their organisational duties in connection with the establishment, design and maintenance of compliance management systems as well as support in the development, implementation and optimization of such systems
• Advising management and supervisory boards on their duties with regard to the internal processing of potential compliance violations and official investigations including organization and conduct of internal investigations (in particular fact-finding including forensic data analysis and interviews and legal assessment)
• Liability protection of management measures (including business judgement opinions)
• Appointment/revocation of board members
• Management contracts, compensation models (including stock option programs) as well as severance and resignation agreements
• Examination, assertion and (also judicial) enforcement of or, as the case may be, defence against claims for liability of executive or supervisory board members including insurance law issues (D&O insurance)
• Negotiation and conclusion of D&O liability settlements (both liability and coverage settlements)