Corporate Governance – Enforcing legal responsibilities, decisions and claims with legal certainty
In an increasingly regulated and complex environment, demands placed on executive managers, managing directors and supervisory boards are constantly rising – and with them the need for strategic risk and communication management. Breaches of duty can result in criminal and civil law consequences as well as severe reputational damages, both for the company and the individuals involved. Good Corporate Governance is key in preventing liability.
We advise on the scope and content of corporate responsibility of executive bodies and managers and provide strategic and legal support to board members. We focus on establishing, reviewing and optimizing our clients’ corporate governance and organizational structures to ensure a reliable and legally effective allocation and exercise of legal obligations and control functions within the business.
We provide comprehensive legal advice and support in cases of possible directors’ and officers’ liability and other crisis situations. In particular, when it comes to compliance violations or ineffective compliance programs, we evaluate potential breaches of duty and compensation claims and support the legally sound enforcement of subsequent decisions. In doing so, we draw on many years of practical experience both in companies and management as well as in consulting. If necessary, we represent our clients’ interests both before ordinary courts and in arbitration and mediation proceedings.
- Advice on corporate governance and corporate rights and responsibilities within a company and/or group
- Training for board members, directors, management and employes
- Development/review/optimization of organizational structure or process organization within the company and/or corporate group
- Drafting/reviewing/amending of business policies, directives and guidelines as well as other relevant corporate documents
- Development of (defence) strategies in times of business crisis
- Preparation of relevant board decisions (“business judgment rule”) as well as their legal protection and implementation, in particular, in the context of compliance incidents/violations
- Legal and factual analysis with respect to critical matters and (alleged) compliance incidents or deficits
- Examination of possible directors’ and officers’ liability claims and their enforceability
- Representation of interests in and out of court in the assertion of directors’ and officers’ liability claims