Legal

June 26, 2025

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Reputation risk management and governance with insurance is now a best practice recommended by governance and legal authorities.

Reputation risk management and governance with insurance is now a best practice recommended by governance and legal authorities.

Sophisticated prospective/captive owners intent on launching a captive, or jumpstarting an expanded remit for an existing captive, may successfully overcome corporate inertia with a parametric cover for reputation risk. Reputation insurance is now a recommended best practice—Principle #9—for Reputation Risk Governance according to recently released landmark guidelines from the DCRO Institute. Reputation insurance and insurers are also recognized for their value in reducing compliance risk in America Law Institute’s March 2025 release of Principles of the Law, Compliance and Enforcement for Organizations. 

February 20, 2025

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“The worst thing that can happen to a company is: You’re still on that list, but you’ve lost all your good faith and credibility with folks on the other side of these issues.” We call this situation a reputation crisis and a clear need for reputation insurance.

There are 45 companies (combined value $10 trillion) on the MAGA anti-DEI hit list.“The worst thing that can happen to a company is: You’re still on that list, but you’ve lost all your good faith and credibility with folks on the other side of these issues.” We call this situation a reputation crisis and a clear need for reputation insurance.

February 14, 2025

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As SEC sees it, we live in a Manichean world where allies are pliant, and anyone who is anything else, is an activist. No more engagement to offer a gentle nudge. "Investors that threaten to vote against directors' reelection if the company is not aligned with their stewardship policies or views on environmental, social or governance issues will not be considered passive and must instead file a Schedule 13D as activists, according to a new compliance and disclosure interpretation released by the SEC's Division of Corporation Finance this week.

As SEC sees it, we live in a Manichean world where allies are pliant, and anyone who is anything else, is an activist. No more engagement to offer a gentle nudge. “Investors that threaten to vote against directors’ reelection if the company is not aligned with their stewardship policies or views on environmental, social or governance issues will not be considered passive and must instead file a Schedule 13D as activists, according to a new compliance and disclosure interpretation released by the SEC’s Division of Corporation Finance this week.

January 27, 2025

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"Whether they condone, condemn or ignore such comments, some dutiful and conscientious board members will paradoxically suffer personal reputational harm if aggrieved stakeholders feel betrayed."

Public comments made by Cleveland-Cliffs’ CEO and chair against Japan and Nippon Steel that appeared to reference the 1945 nuclear bombing of Hiroshima and Nagasaki drew swift condemnation and underscore the precariousness of trying to win favor with the incoming administration, sources told Agenda. […] “Over the next few years, we will see a lot of strategic cultural posturing by executives like Mr. Goncalves,” Kossovsky said. “Whether they condone, condemn or ignore such comments, some dutiful and conscientious board members will paradoxically suffer personal reputational harm if aggrieved stakeholders feel betrayed.”

October 11, 2024

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DOJ Hold Boards Accountable Risk Management. New enforcement plans outline expectations for data oversight, compliance expand the potential for reputation risk.

DOJ has updated its expectations expanding the potential for reputation risk. Under the new guidelines, prosecutors will consider whether companies have a process for identifying and managing emerging internal and external risks related to the use of new technologies, such as AI, and whether they are integrated into broader enterprise risk management practices.

September 14, 2024

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Boeing employees are striking for…more input into product safety. This labor action is a manifestation of lost reputation value. This labor action is a stark reminder that angry, disappointed employees are one of many expressions of a reputation crisis. Corporate leadership and governors must be mindful that that the long tail of reputation risk typically includes costly investor, regulator, and yes, employee actions.

Boeing employees are striking for…more input into product safety. This labor action is a manifestation of lost reputation value. This labor action is a stark reminder that angry, disappointed employees are one of many expressions of a reputation crisis. Corporate leadership and governors must be mindful that that the long tail of reputation risk typically includes costly investor, regulator, and yes, employee actions.

September 12, 2024

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Reputation Risk Hinted by Nickname Nurse Death

Reputation risk arises from the failure to meet expectations. All too frequently, reputation risks arising from material operational problems known to insiders are dismissed by those in charge or authority. Nicknames can indicate an issue with ethics, innovation, safety, security, sustainability, and quality. “Junior doctors were referring to Lucy Letby as “Nurse Death” … two years before she was arrested. […] Letby, 34, was sentenced to 15 whole-life orders after she was convicted across two trials of murdering seven babies and attempting to murder seven others.” Board members should note that there are many windows into human resource-based organizational risk.

August 7, 2024

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Board members and those in C-suite executive positions view the reputational risks posed by litigation as the most significant risks facing their businesses. This suggests that litigation risk counts as one of the principal, strategic considerations of large companies, rather than being a purely operational or legal concern.

FTI Consulting’s research found that Board members and those in C-suite executive positions view the reputational risks posed by litigation as the most significant risks facing their businesses. This suggests that litigation risk counts as one of the principal, strategic considerations of large companies, rather than being a purely operational or legal concern.

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