Farella Braun + Martel offers a multi-disciplinary team to our clients who serve as officers and directors of public and private companies, or on special committees of those companies. We advise individual directors and officers on their fiduciary duties, compensation and benefits issues, D&O insurance, investigations and litigation, asset protection and preservation.

Corporate Governance

We regularly advise individual directors and officers in situations where a divergence may exist between the company and an individual director or officer, including:

  • contested relationships between the board of directors, shareholders, management and other corporate constituencies
  • evaluating conflicts of interest and corporate opportunity issues
  • board, executive and committee performance

Compensation and Benefits

Our corporate executive clients rely on our expertise in negotiating their employment and severance arrangements. Our expertise includes addressing change of control arrangements and golden parachute excise tax issues under Section 280G of the Internal Revenue Code.

Director & Officer Insurance

Farella Braun + Martel regularly advises Fortune 500 companies concerning the purchase of D&O coverage, including advising companies and outside directors about the scope of key coverages and exclusions, severability issues, and the purchase of "Side A" or "IDL" coverage for protection of outside board members and other directors and officers. We work closely with our Insurance Coverage Group to help our clients resolve disputes, either by negotiation or litigation, that arise over claims made against these policies.

We represent companies in a variety of industries, including technology, as well as directors in complex negotiations involving securities class actions and derivative actions, rescission claims by insurers, corporate insolvency issues, allocation disputes and the application of fraud exclusions.

Investigations and Civil/Criminal Litigation

We have extensive experience in helping directors and officers deal with inquiries, investigations and enforcement proceedings, as well as assisting in investigations of potential accounting irregularities, whistle blower claims and management misconduct.

Asset Protection & Preservation

We have extensive experience in planning to protect individual and family wealth from third parties and excess state and federal taxation, including the formation of Delaware trusts, family limited partnerships, and other entities relating to the ownership and preservation of wealth.

Firm Highlights

Publication

Navigating California's New Rebuttable Presumption Law

The ever-evolving landscape of employment laws in California has introduced a notable change with the implementation of a new law that establishes a rebuttable presumption of retaliation in some circumstances. This law, which took...

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News

Brookfield Forecloses on 2,150-Unit Veritas Portfolio With Uncontested $464M Bid

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The Real Deal  article, "Brookfield forecloses on 2,150-unit Veritas portfolio with uncontested $464M bid." Read the full article  here  (subscription may be...

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Publication

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and recreational, becomes more...

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News

Lawdragon Names 7 Farella Lawyers Among “Leaders in Environmental Law”

Northern California legal powerhouse Farella Braun + Martel is pleased to announce that seven lawyers were selected to The Lawdragon Green 500: 2024 Leaders in Environmental Law . Farella lawyers selected for inclusion: Sarah...

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News

Farella 2024 Partner Elevations: Cynthia Castillo and Greg LeSaint

Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of two lawyers to partnership effective Jan. 1: Cynthia Castillo and Greg LeSaint. “We are thrilled to elevate Cynthia and...

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News

Winston Liaw Named a Leadership Council on Legal Diversity Fellow

Northern California legal powerhouse Farella Braun + Martel is proud to announce that Winston Liaw has been named a Leadership Council on Legal Diversity (LCLD) Fellow for 2024. Winston joins a select group of...

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Publication

Navigating California's Evolving Legal Landscape Governing Leaves of Absence

California’s employment laws are no stranger to change, and recent years have witnessed the introduction or modification of various protected leaves by employees. In this article, we will delve into three significant leave categories...

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News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

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Publication

Important Changes and the Impact of California Industry-Specific Minimum Wage Laws

In the ever-evolving landscape of California labor laws, the minimum wage has once again taken center stage. With the recent state-wide increase to $16 per hour, the Golden State continues to lead the nation...

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Publication

Navigating California's Workplace Violence Prevention Law

California has introduced a new requirement compelling most employers to implement a workplace violence prevention policy by July 1, 2024. The implications of this law are significant, prompting the need for human resource executives...

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