Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Making Shareholder and Director Virtual Meetings Secure

By Jonathan Bick
December 01, 2020

Despite COVID-19 pandemic disruptions, entities with shareholders must timely execute both director and shareholder meetings. The legal duty to conduct meetings has not been altered by prohibitions on gatherings. Holding director meetings and shareholder meetings via the Internet may attenuate meeting difficulties while mitigating health concerns, however, doing so raises the issue of cybersecurity.

Complying with federal securities laws, applicable state laws and traditional corporate governance practices normally results in in-person directors meetings and shareholders meetings. Such meetings have been discouraged by pandemic regulations. Suitable use of existing technologies, and amendments in entity procedures and governance documents, allow internet communications to be lawfully integrated into director meetings and shareholder meetings to overcome COVID-19 related difficulty including "social distancing" requirements and bans on large gatherings. The use of said internet communication means that cybersecurity has become an urgent concern for companies.

Shareholder meetings predominantly choose directors at their meetings. Director meetings primarily address running the firm. Shareholder meetings and director meetings each have separate meeting requirements. The internet may be used to facilitate both director and shareholder meetings exclusively held through electronic means, and without any in-person component. However, recent data breach difficulties have demonstrated that officers and directors must take commercially reasonable cybersecurity precautions, or they may be exposed to individual liability.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.