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The Journal of Private Equity

The Journal of Private Equity

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Primary Article

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Dealing with New Challenges and Risks Facing Directors

James B. Shein
The Journal of Private Equity Spring 2005, 8 (2) 20-27; DOI: https://doi.org/10.3905/jpe.2005.490413
James B. Shein
counsel in McDermott Will & Emery LLP's Distressed Transaction and Corporate Governance practices, Chicago. He is vice president of university relations for the Turnaround Management Association and adjunct professor of management and strategy at Northwestern University's Kellogg School of Management.
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Abstract

Directors of public and private companies face increased scrutiny and potential attacks on several fronts. Those include 1) government enforcers and plaintiffs taking directors' personal assets; 2) governance reforms enacted at the state and federal level; 3) court rulings which strip directors of the attorney-client privilege; 4) attacks against the safe harbor of the business judgment rule; and 5) insurers trying to rescind directors' insurance policies. Directors can take steps to protect themselves while still meeting the higher standards. These include hiring independent counsel for non-management directors, restructuring the D&O insurance program, and taking particular actions if the company winds up in bankruptcy.

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The Journal of Private Equity
Vol. 8, Issue 2
Spring 2005
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Trying to Match SOX
James B. Shein
The Journal of Private Equity Feb 2005, 8 (2) 20-27; DOI: 10.3905/jpe.2005.490413

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Trying to Match SOX
James B. Shein
The Journal of Private Equity Feb 2005, 8 (2) 20-27; DOI: 10.3905/jpe.2005.490413
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