Six Ways General Counsel Can Increase Board Effectiveness in 2021
Board operations were disrupted in 2020. Meetings became virtual, employee safety was paramount, and discussion revolved around corporate response and recovery. Board operations changed.
May 12, 2021 at 11:56 AM
8 minute read
Lessons in LeadershipAt the same time, pandemic-accelerated shifts in the political, social, and economic spheres put a spotlight on corporate purpose and strategy. While key corporate stakeholders granted a partial "Covid Truce" in 2020, companies and boards now face new standards of accountability and new expectations of corporate behavior. Boards must assess new risks to company strategy and consider corporate responses to subjects such as equality, diversity, sustainability, and relationship with governments.
In this environment, general counsel need to ensure their board has the oversight, skills, knowledge, and processes necessary to effectively advise the organization through disruption and change. That will mean advising on changing expectations of corporate behavior, on managing directors as a strategic asset, and on building resilient board processes. Gartner identified six guiding principles through which general counsel can improve board effectiveness in 2021.
|- ESG is the process by which to consider shareholder expectations
ESG practices and risks are important to a range of stakeholders and an increasingly important feature of corporate risk and governance disclosures. 90% of public company GC will report to the board on ESG in 2021, a higher percentage than those who plan to report on more "traditional" legal subject matters such as risk assessment results, litigation, and legal and regulatory changes. Further, over 40% of public company GC cited environment and corporate sustainability as one of most important areas of board oversight in 2021.
ESG shouldn't be a bolt-on report or program — it's the process of rationalizing all stakeholders' corporate expectations. ESG should be the lens through which the board views stakeholder and environmental impact on strategy. But today, only half of both public and non-public companies assess stakeholder impact and only 20% of companies include ESG goals in their company's charter. The GC must ensure that the board understands stakeholder perspectives, account for ESG goals in strategic plans and financial targets and uses ESG frames to balance stakeholder demands.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBeing Part of 'a Modern-Day Miracle': A Nonprofit's General Counsel Sees Purpose
6 minute readWhy the GC of Australian Pension Fund UniSuper Keeps More Work In-House
5 minute readInside Track: Would the Thrill of Lawyering for Elon Musk Outweigh the Baggage It Comes With?
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250