Of counsel Mark Kessel (New York-Capital Markets) and partner Stephen Giove (New York-Capital Markets/Corporate Governance) published an article titled “The ‘Unthinkable’ May Need Board Attention,” in the June issue of BNA’s Corporate Counsel Weekly. In light of the magnitude of recent crisis events, the article examines a board’s obligation to work with company management to ensure that risks are identified and assessed and plans to manage and investigate these risks are formulated, including plans to deal with foreseeable crises. Kessel and Giove write, “While a board cannot be expected to foresee every potential disaster that might befall the company, it can, in fulfilling its oversight function, ensure that management has adequately taken account of those events that are foreseeable.”

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