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

News

Farella Advises TILT Holdings Inc. on $10.5M Loan Transaction

Northern California legal powerhouse Farella Braun + Martel advised TILT Holdings Inc. , a global provider of cannabis business solutions, and its Pennsylvania subsidiary, grower and processor Standard Farms, on a $10.5 million loan transaction...

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Publication

REFRESH: Loot and Private Foundation Rules – Part 2

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In this episode, I refresh  EO Radio Show  episode 22, the second of our two episodes exploring private foundation rules using commentary on the...

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Publication

Advice for Nonprofit Investment Committees From an Investment Advisor

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In episode 82, we revisit the duties of directors in managing investment assets. Joining Cynthia Rowland today is Jennifer Nelson, Senior Wealth Manager...

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Publication

7 Ways Companies and Content Creators Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

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News

San Mateo signed off on its housing element this week. It's already facing a lawsuit.

Farella's Tom Mayhew, CJ Higley, Daniel Contreras, Vanessa Ing, and Alyssa Netto were mentioned in the Daily Journal article "San Mateo signed off on its housing element this week. It's already facing a lawsuit."...

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Publication

Nonprofit Quick Tip: State Filings in Oklahoma and Texas

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This is the 12th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we...

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Publication

How to Navigate California Wage Statement Penalties After Naranjo v. Spectrum

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services Inc. , clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a...

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News

Chambers USA 2024 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 16 lawyers and six practice areas in the legal directory’s 2024 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

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News

City of San Mateo Sued by Nonprofit Over New Housing Plan

Tom Mayhew spoke to CBS News about the lawsuit filed by Housing Action Coalition (HAC) and Farella against the City of San Mateo. The lawsuit challenges the city's recently adopted Housing Element in order to...

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News

Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law

Holly Sutton, chair of Farella's Employment Law Group, provided expert commentary to Law360 for the article "Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law." Read the article here (subscription required).

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