The directors and officers of our business entity clients are charged with contractual and fiduciary duties to govern those entities in accordance with requirements set forth in the entities’ formation and organizational documents as well as in accordance with applicable law (including potential responsibilities and obligations under the Sarbanes-Oxley Act). The failure to properly carry out those duties can result in exposure by directors and officers to potential liability to the equity owners of the entity, and in some cases to the creditors of the entity. It is important for directors and officers to receive appropriate advice and counsel as to the nature and extent of their responsibilities and how to properly carry out their required or appropriate duties.
HHDU attorneys can provide advice and counsel to senior executives, board members and committees of boards as to their duties (including advice on Sarbanes-Oxley issues). We believe it is preferable to be proactive and advise our clients how to “do it right” when it comes to corporate governance, so as to avoid disputes leading to litigation.
