Board Considerations for C-Suite Agreements: Managing Risk of Harassment and Discrimination Claims

A live 90-minute CLE webinar with interactive Q&A


Wednesday, June 27, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 1, 2018

or call 1-800-926-7926

This CLE webinar will guide corporate counsel on essential board considerations in negotiating and drafting agreements for key executives, directors and officers. The panel will discuss legal theories and foundations of recent executive misconduct cases and critical provisions to consider for executive agreements to limit D&O claims and provide best practices for managing risks associated with sexual harassment and other discrimination claims.

Description

The increase in claims of harassment, discrimination and misconduct against company executives and officers requires companies to consider a variety of methods to minimize the risk of such claims. To hold top executives and officers accountable for misconduct and to protect the interest of shareholders, the board of directors must consider these risks when drafting and negotiating agreements with principal executives and personnel.

Limiting claims of misconduct by directors and officers is imperative to a company’s survival, and employers must be proactive in discouraging harassment and any form of discrimination. Lawsuits against executives and companies are not only filed by employees, but also by shareholders to hold directors and officers responsible for corporate misconduct. Claims can be based on corporate officials’ breach of the duty of care by engaging in misconduct, failure to monitor harassment, or turning a blind-eye that enables harassment.

Addressing the repercussions of executive misconduct at the beginning of the employment relationship or by amending any agreements with current executives will minimize the risks of harassment or other discriminatory conduct. Counsel must be able to identify potential risks associated with the conduct of executives, negotiate terms and conditions to deter such behavior, and specifically address those items in executive employment agreements.

Listen as our panel discusses the legal theories and foundations of recent harassment and executive misconduct cases, provisions to include in executive employment agreements, and best practices in limiting risks of harassment or other discrimination claims.

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Outline

  1. Legal theories and foundations of recent claims of executive misconduct
  2. Key provisions to consider for executive employment agreements
    1. Broadening the “for cause” termination clause
    2. Representations and warranties provisions: prior claims and acts
    3. Expense reimbursements
    4. Equity or stock clawbacks
  3. Best practices for managing risks associated with harassment and other discrimination claims

Benefits

The panel will review these and other critical issues:

  • Identifying risks and potential claims stemming from executive misconduct
  • Primary board considerations in limiting and deterring harassment or discriminatory conduct by corporate executives
  • Legal theories of recent lawsuits regarding executive misconduct or harassment by employees and shareholders
  • Ascertaining methods in negotiating and drafting executive employment agreements

Faculty

Eisaguirre, Lynne
Lynne Eisaguirre

Founder
Workplaces that Work

Ms. Eisaguirre (pronounced eyes-a-gear) is the author of  The Power of a Good Fight: How To Use Conflict to Drive...  |  Read More

Grandjean, Barbara
Barbara A. Grandjean

Partner
Husch Blackwell

Ms. Grandjean represents employers and employees inside and outside the courtroom. She frequently consults with...  |  Read More

Pepple, Bronwyn
Bronwyn H. Pepple

Managing Director
Lewis Bess Williams & Weese

Ms. Pepple is co-managing director of Lewis, Bess, Williams & Weese. An experienced and practical employment...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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48 hours after event

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10 business days after event

$247 + $9.45 S&H