How In-House Counsel Can Make The Case For Settling Early

By ​​​​​​​Ronald Levine and Richard Torrenzano (January 13, 2022, 3:26 PM EST) -- In December, McDonald's Corp. clawed back more than $105 million and achieved a public apology from its former CEO, Steve Easterbrook, resolving a protracted litigation arising from his alleged inappropriate conduct with employees. The settlement avoided bringing McDonald's v. Easterbrook to trial in the Delaware Chancery Court.

Prior to the outcome, investor groups and others publicly called for the resignation of some board members based on their initial handling of the termination and departure of the former CEO.

In an internal memo, the board chair explained that the decision was a step in moving beyond a chapter that belonged in the...

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