Print PDF Corporate Governance

Companies, senior management and boards of directors regularly seek RK&O’s advice in managing the elaborate web of rules, regulatory expectations and best practice standards that affect corporate governance today.  

Our clients rely on RK&O to assist in both the development of risk-based strategies for anticipating potential corporate governance issues, and the implementation of effective procedures and controls to mitigate governance-related risk.  Our market-specific expertise enables our clients to monitor and respond to business issues before they become compliance problems or regulatory matters.

Where compliance issues are identified, we counsel corporate boards and senior management on how to respond effectively to ensure that they are adequately discharging their responsibilities to the company and its stakeholders.  Whether the response entails conducting an internal investigation, communicating with relevant regulators and law enforcement authorities, commencing civil litigation or taking internal disciplinary action, we provide solutions for minimizing legal, regulatory and reputational risks.

Our governance advice to clients is further informed by our experience working with government actors to resolve particularly complex and novel issues. The government and the courts in fact have turned to senior RK&O lawyers to serve as corporate monitors, compliance counsel, receivers and trustees in a number of high profile matters, including serving as the Independent Examiner for Computer Associates International, Inc. and Receiver for Bernard L. Madoff Investment Securities LLC.

RK&O’s corporate governance practice is closely connected to our Securities Enforcement, Internal and Government Investigations and Criminal Defense practice.

Publications

• "Ninth Circuit’s Reversal of Evidence Exclusion in Broadcom Case Does Not Alter Lessons Learned Regarding Upjohn Warnings" by Shari Brandt and James Walker
• "Issuing a Proper Upjohn Warning Will Not Cure Multiple Representation Conflicts" by James Walker and Shari Brandt
• "Can an Upjohn Warning Avoid Representational Ambiguity?" by Shari Brandt and James Walker

Presentations

• James Walker presents "Corporate Governance: Legal Implications of Working with Boards," a webinar sponsored by National Constitution Center
• RK&O partners participate in the panel discussion "Receiving Information, Managing Risk, and Preserving Liquidity: Strategies for the Current Regulatory Landscape" at the Financial Services General Counsel Luncheon in San Francisco
• James Walker participates in the PLI "Hot Issues in Executive Compensation 2011" seminar
• RK&O partners present "Receiving Information, Managing Risk and Preserving Liquidity: Strategies for the Current Regulatory Landscape" at the Alternative Asset Management General Counsel Luncheon in New York City

News & Announcements

• Eva Marie Carney quoted in Hedge Fund Law Report article “Dual-Hatting: Benefits, Challenges and Recommendations for Persons Simultaneously Serving as General Counsel and Chief Compliance Officer of a Hedge Fund Manager”
• Craig Newman quoted in The Wrap article “For Rupert Murdoch, Parliament Report Could Spur U.S. Legal Woes”
• Shari Brandt quoted in Investor’s Business Daily article “Best Buy Botched CEO Exit News But Shined in Probe”
• Richards Kibbe & Orbe LLP names Jeffrey Lehtman a partner and Catherine Turgeon and Ryan Jackson counsel