How Corporate Reputation Risk Is Exacerbating D&O Liability

Law360 (September 27, 2018, 1:51 PM EDT) -- There is a centuries-old folk curse that says, “May you live in interesting times.” For the directors and executives of public companies, these are exceedingly interesting social and political times. Culturally driven tolerance of sins in industry (#MeToo), sinful industries (#boycottNRA) and soul-selling industries (#deleteFacebook) have notably shifted over the past two years. As a result, the landscape of corporate risk is shifting rapidly, producing reputation risk tornadoes[1] that, for the #MeToo movement alone, have swept up more than 400 high-profile executives and employees as of June 2018.[2] Meanwhile, politically driven changes in the landscape of corporate risk have ranged from...

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