Corporate governance has become a strategic and operational focus of nearly all businesses, from emerging organizations developing corporate strategies to large public companies managing myriad regulatory requirements and shareholder issues. Bingham provides a cross-practice range of services to help companies carefully interpret and respond to both internal and external requirements and concerns, in routine or crisis situations.
Legal Assistance
Bingham lawyers from diverse practices, including many in the Corporate and Litigation Areas, advise and represent clients on a wide range of governance and compliance issues. Our lawyers serve as regular outside counsel to emerging, middle-market and Fortune 500 companies. In the current business climate, when corporate officers, independent directors or shareholders may require special outside counsel for the first time, Bingham can assemble a team providing a breadth of coverage focused on efficient, successful resolution of the issues.
Areas in which Bingham lawyers assist include:
- Advice and representation to corporate officers, boards, board committees and directors.
We help boards and individual directors understand their fiduciary responsibilities and how to minimize director liability.
- Development and management of compliance policies and programs
A good compliance program can prevent small problems from becoming serious and expensive ones.
- Internal investigations, for clients who are subjects of investigations or have initiated them
As boards of directors, particularly outside directors, develop a heightened awareness of allegations of corporate wrongdoing, internal investigation may occur more frequently.
- Advice and representation in SEC and government investigations
We have a cadre of former regulatory officials and former state and federal prosecutors in the firm who have served on the “other side of the table,” representing investigating entities.
- Institutional shareholder issues and pension plans
Pension plans and other employee equity plans will undoubtedly be subject to increased scrutiny and potential major regulatory or legislative change.
- Strategic and crisis management
A crisis management plan can literally be a company’s recipe for survival.
Strategic Advice
Understanding or resolving issues related to corporate governance may not always require legal assistance. Non-legal advice of a business nature is available through our subsidiary Bingham Consulting Group. BCG focuses its business, governmental and media relations skills on helping companies strategically manage their dealings with federal, state and local regulators, enforcement agencies and officials (e.g., state attorneys general).