Investigations and Board Counseling
Notable Representations, Key Contacts
- Board Composition, Leadership and Function
- Director Roles and Responsibilities
- Business Judgment Rule
- Indemnification and Advancement of Legal Fees
- D & O Insurance
- Shareholder Books and Records Demands
- Shareholder Demands for Litigation
- Governance of Controlled Companies
- Controlling Shareholder Transactions
- Takeover Defenses
- SEC Reporting and Public Disclosure
- Sarbanes-Oxley and Dodd-Frank Requirements
- NYSE and Other Listing Requirements
- Crisis Management
- Insider Trading
- Whistleblower Policies and Procedures
- Major Regulatory Issues, including the Foreign Corrupt Practices Act and the False Claims Act
- Executive Compensation
- Complaints of whistleblowing, discrimination, harassment, and other workplace violations
- Highly sensitive issues involving senior executives and board members
- Product recalls
- Social media and other company policies
We draw on the experience of a cross-disciplinary team consisting of lawyers from across our Litigation department to provide seamless advisory capabilities on an on-demand basis.
Selected Representations
American Express
Bed Bath & Beyond
Krispy Kreme
The Children’s Place
J.P. Morgan
Leading Retailer
National Public Radio
Restoration Hardware
A Private University
Confidential Hospitality Industry Client
Massey Energy Co.
Shortcut Links
Recent Announcement
- Weil Named a “Leading” Firm for Corporate Investigations and White-Collar Criminal Defense – Advice to Corporates Award Brief — Legal 500 US 2023
Securities Litigation partner Stephen Radin is considered a leading expert in the area of shareholder demands and director duties. He is the author of the four-volume treatise, The Business Judgment Rule: Fiduciary Duties of Corporate Directors, which is regularly cited in court decisions regarding shareholder demands.
Global Investigations Review regularly recognizes Weil among the top firms globally for corporate investigations.
Global Investigations Review 2015-2018
Ranked Tier 1 for Corporate Governance Law in New York, Washington, D.C., and Dallas/Fort Worth
US News – Best Lawyers “Best Law Firms” Survey 2018*
* Best Lawyers (in America) is by Levine Leichtman Capital Partners
Awards and Recognition, Speaking Engagements, Latest Thinking, Firm News & Announcements, Recent Announcement
Awards and Recognition
- Weil Named a “Leading” Firm for Corporate Investigations and White-Collar Criminal Defense – Advice to Corporates Award Brief — Legal 500 US 2023
Speaking Engagements
-
Evolving Standards of Review after Match.com
Speaker(s):
Evert J. Christensen
May 1, 2024 — New York, NY — Weil Securities Litigation partner Evert Christensen spoke on a panel entitled “Evolving Standards of Review after Match.com,” which was part of Practising Law Institute’s program, “Delaware Law Developments 2024: What All Business Lawyers Need to Know.” The panel discussed the interrelationship between business judgment and entire fairness standards of judicial review of fiduciary duty claims under Delaware law post-Zuckerberg and Match.com, and intermediate scrutiny review under Unocal/Blasius.
-
The SEC’s Renewed Scrutiny of Earnings Management Using Data Analytics
Speaker(s):
Lyuba Goltser and
Robert Stern
February 14, 2023 — Head of Weil’s Public Company Advisory Group Lyuba Goltser and Securities Litigation partner Robert Stern moderated a panel webinar entitled “The SEC’s Renewed Scrutiny of Earnings Management Using Data Analytics,” which featured former SEC Commissioner and current Stanford Law professor Joe Grundfest and Michigan business school professor Nadya Malenko. The group discussed the SEC’s use of analytics to identify earnings management, derived in part from the professors’ academic paper, Quadrophobia, and steps companies can take to mitigate risk of SEC enforcement investigations.
Latest Thinking
- Storming the Gatekeepers: When Compliance Officers and In-House Lawyers Are at Risk Publication — The National Law Journal — By Robert Stern and Sarah Coyne — PDF — November 04, 2022