Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Corporate Directors Struggling to Address Moving Targets

Author: Scarinci Hollenbeck, LLC

Date: March 25, 2015

Key Contacts

Back

Ever wonder what keeps corporate directors awake at night?

NYSE Governance Services recently released its annual What Directors Think Survey, which sheds light on the challenges facing the boardroom as well as what corporate directors are doing to manage risk.

The report, which was prepared in conjunction with consulting firm Spencer Stuart, surveyed nearly 500 corporate directors, 70 percent of whom identified themselves as outside directors, and another 20 percent who said they serve as board chair or lead director. The respondents are fairly experienced, with 44 percent have served on a board for more than 10 years, and an additional 33 percent holding directorship for five to 10 years.

As the report highlights, serving as a corporate director is becoming a more challenging job as boards struggle to respond to the risks that accompany new technology, regulations, and shareholder demands. In fact, 55 percent of the directors surveyed do not believe a public company board can ever fully anticipate the many facets of risk in the current corporate environment.

Directors are also being asked to wear a number of different hats. While respondents still cited industry expertise as the most important attribute of a potential director, it was quickly followed by financial expertise, IT/cyber experience, gender diversity, and CEO experience. Other qualifications that are in greater demand compared to previous surveys include legal/regulatory experience and racial diversity.

“The expectations placed on boards in terms of what they are asked to oversee is much greater today due to many factors, including an increasingly dynamic global economy, political uncertainty, disruption caused by new technologies, and an active M&A environment,” says Kevin M. Connelly, CEO, Spencer Stuart. “As a result, directors find themselves needing to be knowledgeable in areas they may or may not have had much past exposure to or experience in, such as cybersecurity.”

Given the growing risks that emanate from foreign governments, organized crime and competitors, cybersecurity and data privacy are on the radar of nearly every corporate director, with more than 80 percent citing it as a concern on their agenda (only second to operational risk). Despite recognizing the risk, the directors surveyed still expressed realistic concern about their ability to oversee and minimize it. Only 15 percent were very confident that their board was adequately addressing cyber threats. Approximately 63 percent were only somewhat confident, while the remaining respondents were not confident at all.

As we see both the public and private sectors struggling to effectively manage their cybersecurity risks, and as reports of major breaches have increasingly become a daily occurrence, it is surprising that some corporate leaders can actually feel “somewhat confident” that things are getting under control. Perhaps, in order to mitigate this real and growing danger, business leaders should consider convening a summit meeting of both public and private sectors to better understand the nature of the threat and to formulate more effective risk mitigation solutions?

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!