We have recently seen a renewed focus on issues of corporate governance, which we expect to continue in 2022. Challenging economic conditions often highlight any mismanagement by directors, but even in the absence of outright misconduct, we are often called upon to advise in cases where stakeholders are seeking to hold directors to account for perceived poor performance. Some examples include investors in pre-IPO stage companies which have failed to list, who frequently query the decisions made by management; shareholder activism in connection with listed companies has also been a feature of recent litigation; and badly behaved joint venture partners continue to be a focus of our practice. Aside from our team's core litigation competencies across Bermuda, the BVI and the Cayman Islands, we are also seeing our sophisticated clients (both management and stakeholders) taking contentious advice early with a view to avoiding these sorts of corporate governance issues and preventing litigation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
