To protect company and individual reputations, corporate boards and counsel should consider recent changes to Department of Justice policy regarding corporate liability and investigations, writes Nir Kossovsky for Bloomberg Law . DOJ’s new policy heightens risks to individual reputations and likely will make finger pointing and individual blame far more common. Reputation insurance: indemnification affirming trust and reducing economic losses.January 14, 2019
“DOJ’s new policy heightens risks to individual reputations and likely will make finger pointing and individual blame far more common.”
Reputation insurance: indemnification affirming trust and reducing economic losses.
Reputations are valuable strategic intangible assets. Threats to these assets⏤ enterprise reputation risks, often mislabeled “brand risks” ⏤ need to be managed, and management needs to be overseen through reputation risk governance lest reputational damage or reputational harm result in long-tailed go-forward losses in economic value and/or political power. Because these intangible risks arise from the interplay of stakeholder expectation, experiences, and media amplification, parametric insurances for intangible asset risks, for reputational value, for reputational harm, and for reputation assurance help mitigate risk by telling a simple, convincing and completely credible story of quality reputation governance to stakeholders. This story telling effect is the expressive power of insurance complementing insurance’s better known instrumental power of indemnification.
Risk management, risk financing in insurance captives, and risk transfer through reputation insurances comprise the constituent elements of a comprehensive solution. What’s your strategy?