How does your firm work with General Counsel in making sure the board fulfils its duty to monitor— not only in terms of addressing director liability problems as they emerge, but also in proactively minimising the risk of future events?

We usually work with the General Counsels of our corporate clients to make sure the company adopts proper and efficient procedures during the decision-making process.

We assist in the implementation of Corporate Governance systems in compliance with the terms and conditions provided for by the Italian Legislative Decree n. 231/2001. We also help to assess and implement procedures necessary to monitor the timely and proper exercise of management powers granted to both the directors and the C-level executives.

When hired by General Counsels, Bacciardi and Partners will assist them to assess the compliance of the adopted Corporate Governance system to the applicable rules and legislation, in order to identify any gaps and risks that require monitoring by management or executives.

We deepen the legal analysis on specific issues and topics involving commercial, corporate, tax, labour, privacy and data protection, transportation and customs laws as well as litigation on which Bacciardi and Partners has developed strong experience and knowledge. We also provide General Counsels with practical and strategic solutions tailor-made to meet the needs of the company and of its management and Corporate Governance system.

“Minimising Corporate Liability: Advice from Outside Counsel” is an IR Global report including contributions from 23 outside counsel across multiple jurisdictions. It touches on the key areas of director liability and governance mechanisms between board and c-suite executives; as well as current trends within regulatory agencies and courts of which in-house counsel should be aware. Download the full publication here.