October 26, 2021

Executive Misconduct: 10-Step Crisis Response Plan

This Skadden memo (pg. 6) outlines 10 steps for boards to take right off the bat when responding to allegations of executive misconduct. It also identifies these 4 common mistakes to avoid:

− Delaying the start of an investigation, or failing to investigate additional or related reports.

− Failing to consider external optics, including potential conflicts, with respect to oversight of review and outside advisers.

− Inconsistent communications, external or internal, and delayed disclosures.

− Ignoring root causes and related remediation.

Don’t forget our checklist for members on “Board Oversight of Sexual Harassment Policies.

Liz Dunshee