Newsworthy

November 24, 2023

“Over the course of four days at NACD Summit 2023, speakers pushed nearly 1,500 in-person and virtual attendees to think about new approaches and ways of thinking about their roles as directors in a world of crisis. […] One area that is an emerging risk in today’s environment is a company’s reputation. ‘We failed to predict that trust could be a target, just like information systems, and that there are entities out there that want you to diminish trust in our institutions…’”

“Over the course of four days at NACD Summit 2023, speakers pushed nearly 1,500 in-person and virtual attendees to think about new approaches and ways of thinking about their roles as directors in a world of crisis. […] One area that is an emerging risk in today’s environment is a company’s reputation. ‘We failed to predict that trust could be a target, just like information systems, and that there are entities out there that want you to diminish trust in our institutions…’”

November 7, 2023

Reputational risk from $1.5 Trillion ESG debt. Bankers servicing one of the world’s biggest ESG debt markets are now actively seeking legal protections to guard against the potential greenwashing allegations that may be ahead. […] Lawyers advising SLL bankers say the reputational risks associated with mislabeling such products are now too big to ignore.

Reputational risk from $1.5 Trillion ESG debt. Bankers servicing one of the world’s biggest ESG debt markets are now actively seeking legal protections to guard against the potential greenwashing allegations that may be ahead. […] Lawyers advising SLL bankers say the reputational risks associated with mislabeling such products are now too big to ignore.

June 23, 2023

Protect your reputation by authenticating your risk management with reputation insurance.

“As of now, we’re starting to learn that what made OceanGate’s expeditions cost-effective and easy to execute were also factors that increased the risk and dangers to passengers. […] It seems as though OceanGate might have attempted to skirt many of these complexities in favor of saving money.”

May 10, 2023

Parametric reputation health risk monitoring is a strategic process for marcom and risk management.

Parametric reputation health risk monitoring reports. Corporate leaders, from chief marketing officers to risk management professionals to boards of directors, need better monitoring tools for risks to reputation health and the costs of reputation loss – tools like the kind of reputation volatility assessments that are used by certain reputation insurers.

February 28, 2023

Companies need an authenticated forward-looking oversight process to manage risk strategically.

“For the first time since its landmark Caremark decision, the Delaware Chancery Court has allowed a breach of oversight claim to proceed against a corporate officer when it declined to dismiss claims brought by stockholders against David Fairhurst, McDonald’s former head of human resources…”.[kos] The bottom line is that law and society are expecting better management and oversight—a touch of common sense many would say—and that disappointment (read, shift in expectations leading to anger and disappointment, aka, reputation crisis) is playing out in the courts….Companies and boards need a solid, universally applicable management and oversight process that is forward-looking to manage risk strategically. The quality of that process needs to be proactively authenticated with insurance. Compliance-focused controls, which by design are backward looking—and the audits that authenticate them—are necessary but with the evolving expectations of society, apparently no longer sufficient.

February 12, 2023

Demonstrating Quality and Effectiveness—not merely effort—is one of the strategic benefits of ESG and reputation insurances.

Demonstrating Quality and Effectiveness. In this recent post by the National Association of Corporate Directors, the lawyer authors write, “Documenting the board’s activities is a critical component of demonstrating management’s efforts to monitor relevant risks and board review of these efforts.” Under the DoJ’s enhanced enforcement guidelines, simply demonstrating effort is not sufficient. Demonstrating effectiveness—not merely effort—is crucial; and it is one of the strategic benefits of ESG and reputation insurances.