Nicholas O'Keefe and Cassandra Aubert Explore Lessons for Outside Directors

Foley & Lardner LLP partner Nicholas O’Keefe and associate Cassandra Aubert authored The Corporate & Securities Law Advisor article, “SEC Enforcement Action Against Church & Dwight Director: Lessons for Outside Directors.”

The authors explore a recent settlement reached between the U.S. Securities and Exchange Commission and a director and share key takeaways for outside directors, including to thoughtfully approach annual Directors’ & Officers’ Questionnaires (DO) to sidestep potential enforcement actions.

“Erring toward over-disclosure in the D&O questionnaire can help directors avoid these consequences as well as the time and other burdens and reputational harm to both the company and the individual director associated with being the subject of any investigation or enforcement action,” the authors conclude.