Public companies need to consider regulatory, legal, market, and ESG-related developments in preparing for their fiscal year-end filings with the SEC and their annual shareholder meetings. In an in-depth memorandum, Mintz attorneys discuss the SEC’s new cybersecurity disclosure rule, recent trends in reverse stock splits, and the SEC’s disclosure requirements for Rule 10b5-1 trading plans and insider trading policies, and other emerging issues affecting public companies.

In this special edition of the podcast, the team discusses lessons learned for board members from the failure of Silicon Valley Bank (SVB).

In our seventh session, the team is joined by Jeremy Glaser, Co-chair of our Venture Capital & Emerging Companies Practice, to discuss what you need to know about down round financings – overview; perceptions, implications, and risks; and how a board can best prepare for a down round.

In our sixth session, the team is joined by Jason Vigna, a Member in our Securities Litigation Practice, to discuss best practices for handling crises in the boardroom — including identifying, documenting, discussing, managing, and disclosing material risks.

With the conviction and 11-year sentence for former CEO Elizabeth Holmes, the team looks at the lessons to be learned from Theranos. The team discusses (1) the importance of open communication between board members and executives, (2) fostering a culture of compliance, and (3) tips for picking up on the early-warning signs.

In our fifth session, which focuses on employment law, the team is joined by Jen Rubin, a bicoastal Member in our Employment, Labor & Benefits Practice and Chair of our ESG Practice, to discuss best practices related to hiring an executive (hint: consensus is key), managing the executive at the board level, and how to (amicably) negotiate to terminate an executive.

In our fourth session, “ESG in the Boardroom,” the team is joined by Kristyn Noeth, Of Counsel at Mintz, to discuss best practices related to and practical implementation of ESG concepts, as well as the impending Climate Disclosure Rule. As noted in the introduction, fewer topics are generating more interest in boardrooms across the country (and at Mintz!) than environmental, social, and corporate governance.

In our third session, “Board Committees,” the team discusses the various types of committees, the role or purpose of committees, committee composition, ESG as it relates to committees, and board committee trends.

In our second session, “Running an Effective Board Meeting,” the team discusses key considerations for public and private companies in this critical area of governance.