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  • Maintaining the ‘Softer Side of Governance’ in a Socially Distant World
    Issue: 2020 Third Quarter
    By Dottie Schindlinger
     As the COVID-19 pandemic began to surge in March and forced a global shift to remote work, there was a widespread assumption that the changes to corporate life would be temporary. It now seems more reasonable to assume our work lives have changed forever and working remotely will remain a comm...
  • One Capitalist Response to Black Lives Matter
    By Thomas A. Cole
    A number of leading capitalists assert that our economic system  is “frayed” (Jamie Dimon, CEO of JPMorgan Chase), “broken” (Ray Dalio, founder of Bridgewater Associates) and even “dead” (Marc Benioff, founder of Salesforce). As a result, there has been a resurgence in corporate foc...
  • Can Your Compliance Program Pass the Test?
    Issue: 2020 Third Quarter
    By Doug Raymond and Dan Collins
    Recent days have convincingly demonstrated the importance of the board’s risk oversight obligations, as the impacts of the COVID-19 pandemic spread and cascaded globally. Under the In re Caremark International line of cases, the board should be aware of the types and magnitudes of the principal ri...
  • Where in the World?
    By Directors and Boards
    Ambassador Philip Lader weighs in on specific geopolitical risk questions for the United States.ChinaHow should the United States manage its strategic competition with China? What can be done regarding tariffs on Chinese imports, currency manipulation, export subsidies, Hong Kong and Taiwan, America...
  • What Faces the Nation After the Election
    By Phil Lader
    Especially amidst the pandemic, Nov. 3’s outcome will have starkly consequential geopolitical and commercial impact says Phil Lader, former U.S. ambassador to the UK and Clinton cabinet member who has served on boards of several international public companies, think-tanks and nonprofits. Here are ...
  • Geopolitics in Governance
    By Philip Lader
     Boards can little afford relegating anticipation of tomorrow’s international news to scriptwriters of screen life’s “Homeland,” “24” and “Madame Secretary.” For the organizations directors serve, the significance of geopolitics, broadly defined, can be momentous.Effective direc...
  • School’s ‘In.’ Are Women Out?
    By April Hall
    Can you afford to lose gender diversity?While working parents are used to juggling the needs of both their children and their office, attempting to work from home during a pandemic has presented a slew of new challenges. Young children need support for virtual learning, and of course, there are the ...
  • Book Review: Gloom to Boom: How Leaders Transform Risk into Resilience and Value by Andrea Bonime-Blanc
    Issue: 2020 Third Quarter
    By Howard Brod Brownstein
    Andrea Bonime-Blanc, a well-known writer and speaker in the corporate governance community, wrote Gloom to Boom: How Leaders Transform Risk into Resilience and Value (Routledge, 2020) in 2018-19, before the COVID-19 crisis. A global pandemic was just a possible item on lists of theoretical atypical ...
  • A Bad Reputation Is a Governance Risk
    Issue: 2020 Third Quarter
    By Nir Kossovsky and Denise Williamee
    Stakeholder disappointment and anger over a succession of failures by companies to anticipate, mitigate and respond to the impacts of reputational crises — including COVID-19, social justice issues, privacy breaches, sexual harassment and abuse in the workplace — have propelled a tsunami of repu...
  • Charting a New Course
    Issue: 2020 Annual Report
    By April Hall
    John Chidsey has both depth and breadth to his 25-year career. Currently the CEO of Subway, the privately owned franchiser of Subway sandwich shops, he was formerly the chairman and CEO of Burger King, a public company. He helmed Avis and Budget car rental companies and Jackson Hewitt, a tax-prepara...
  • Two views — Reopening Risk: What are the legal liabilities?
    Issue: 2020 Annual Report
    By Blake Rohrbacher and John Mark Zeberkiewicz
    Many states have begun lifting the emergency orders issued to reduce COVID-19 transmission rates. Governors in these states are making calculated decisions, weighing the risks of a spike in infection rates against the risks of further economic decline and other adverse effects of lockdown orders. Bu...
  • Two Views — Reopening Risk: What are the legal liabilities?
    Issue: 2020 Annual Report
    By Mark Lebovitch
    The world is facing an unprecedented pandemic and economic crisis. Our rules of social and business interaction are in flux. Markets gyrate wildly on random news. In some ways, stockholder lawsuits seem misplaced.A board should be safe legally if it acts sensibly in “reopening.” However, it is i...
  • Retaining Top Talent and Building Bench Strength
    Issue: 2020 Annual Report
    By Maureen Milford
    When the history books chronicle the performance of corporate America during the COVID-19 pandemic, they’re likely to detail which captains of industry were wearing a swimsuit when the tide went out, to borrow a phrase from investor Warren Buffett.The pandemic has thrown into stark relief the cruc...
  • Where Does ESG Fit in Times of Crisis?
    Issue: 2020 Annual Report
    By Alex Dimitrief
    Business, legal and governance journals are replete with articles illustrating how crises reveal the true character of companies and their leaders. The COVID-19 pandemic and social unrest sparked by deadly police brutality against minorities confirm that this adage holds just as true when it comes t...
  • Supporting Black Leaders in Corporate America
    Issue: 2020 Annual Report
    By Thomas A. Cole
    Author’s Note: This essay was prepared before the death of George Floyd and the protests and important public discussions that followed. If anything, it is even more relevant now.The Center for Talent Innovation (CTI) recently released a study entitled “Being Black in Corporate America.” The f...
  • Working Inside the System: Black directors stand up for the future of corporate America.
    Issue: 2020 Annual Report
    By April Hall
    The death of George Floyd, caught on camera, became a tipping point for some of the world’s largest companies, as they released a variety of statements about police brutality, racism and diversity. But if these statements are to be more than mere public relations moves, corporate America will have...
  • What’s Next? Directors face a host of questions in reopening and recovery.
    Issue: 2020 Annual Report
    By April Hall
    While the world still reeled from the COVID-19 pandemic that brought economies to a halt, passionate protests broke out against racial injustice following the death of George Floyd in Minneapolis, and the subsequent charges against a police officer responsible for that death. Either event would be c...
  • Board Considerations: Returning to the Workplace and Navigating the “New Normal”
    Issue: 2020 Annual Report
    By Directors and Boards
    Both experienced directors, Nina Henderson and Jim Hunt agree that when it became clear that COVID-19 was going to upend the businesses on whose boards they serve, it became an “all-hands-on-deck” situation involving shutting down sites and converting to a work-from-home model for most employees...
  • Compensation Issues in the Recovery: Setting CEO and Senior Management Compensation
    Issue: 2020 Annual Report
    By Directors and Boards
    Compensation during recovery from COVID-19 will be under great scrutiny, whether it’s from actions by executives and directors to reduce their own pay, short-term and long-term incentive considerations, or the recalibration of metrics for near-term incentives. This scrutiny will come from both int...
  • Refreshing the Board and the Executive Suite After the Crisis
    Issue: 2020 Annual Report
    By Directors and Boards
    Once the pandemic calms and corporations have moved from business triage back to strategies for future growth, there’s no doubt that the decisions and actions of company leadership and the board will be scrutinized. Was the CEO an effective leader? Did the board fulfill its duties as an adviser to...