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

Event

Perspectives on Virtual Proceedings: ADR & Claims Resolution in a COVID World

Erica Villanueva will be speaking at the 2021 Virtual Insurance Coverage Litigation Committee CLE Seminar on "Perspectives on Virtual Proceedings: ADR & Claims Resolution in a COVID World."

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Publication

Prop. 19 Passed, Here Is What You Need to Know

Proposition 19, which passed last month, has important consequences for all real property owners in California. It is important to act quickly before Proposition 19's effective date of February 16, 2021. Proposition 19 has...

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Publication

The Pitfalls of Boilerplate Lease Agreements

Quinn Arntsen was featured in a GlobeSt Q&A on the pitfalls of boilerplate lease agreements. There are several provisions landlords should insist upon when renegotiating leases. But there are also several common pitfalls including...

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Event

Cannabis IP: Using Intellectual Property to Protect Your Assets and Grow Your Business

Join Nate Garhart and Ashley Roybal-Reid in the discussion on "Cannabis IP: Using Intellectual Property to Protect Your Assets and Grow Your Business." Intellectual property (IP) is a critical issue in the cannabis industry...

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Publication

Bankruptcy Provisions in COVID Relief Legislation Impacting PPP Loans, Commercial Leases and Preference Claims

With the COVID-19 pandemic stretching on into another year, businesses continue to experience adverse effects. Bankruptcy filings, especially among retailers, were higher than average in 2020, and it is likely that more companies large...

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News

Lawyers Warn Those Bracing for Prop. 19’s Tax Hit: Act Fast

Evan Abrams spoke to the San Francisco Business Times for the article "Lawyers Warn Those Bracing for Prop. 19’s Tax Hit: Act Fast."  In the article, Evan said, “If you really want to do anything...

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News

Farella Braun + Martel Elevates Five to Partner

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News

17 Firms Join Crowell in Seeking Trump's Removal

Farella is among 17 law firms joining Crowell & Moring in sending a joint letter to Vice President Mike Pence to call for President Donald Trump’s immediate removal from office and to urge Pence to invoke the 25th...

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Event

Equal Pay Data Reporting, an Asset for the Strategic Employer

Join Holly Sutton and co-speaker, Erin Hastings, in the discussion on "Equal Pay Data Reporting, an Asset for the Strategic Employer." California’s recently passed SB973 requires certain employers to collect and report the number...

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Publication

What to Do When Commercial Leases End Up in Bankruptcy

The COVID-19 pandemic is forcing many businesses to close, leaving landlords in the lurch. The COVID-19 pandemic continues to shake up the nation’s economy. Long-standing companies such as JC Penney, J. Crew, Neiman Marcus, Modell’s...

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