Really looking forward to our discussion with the Middlesex Law Association in a couple of weeks.
On Wednesday, November 2, 1:00-2:00 pm online via Zoom we will discuss how lawyers who work with closely held companies can navigate governance challenges, including complex legal frameworks and ethical issues involved in the governance of companies. Topics will includes:
Overview of governance legal principles:
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- Directors’ duties (fiduciary and duty of care)
- Relevant statutes (OBCA and CBCA) and case law
- Corporate separateness, and shareholders’ and other stakeholders’ rights
Common sources of conflict in closely held companies and how to deal with them:
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- Unclear division of roles and responsibilities between directors, owners, and managers
- Disputes over allocation of decision-making powers and economics benefits, and succession issues in family enterprises
- Ethical issues for counsel working with closely held companies when conflicts arise
How these conflicts can be avoided and resolved, both in and out of court:
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- Governance best practices to avoid conflicts
- Involvement of independent counsel (e.g. when separate representation is needed and for investigations)
- Mediation, arbitration and litigation