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Board Directors Should Demand Separate Indemnification Agreements

Note From Jim:

Today Board Directors for even the best of organizations would be wise to recognize the significant reputational risk, financial liability, and the psychological stress that could confront them at some time in the future. As an antidote, separate director indemnification agreements can provide the peace-of-mind that comes with maximum protection legally possible.

In a compelling article published in the National Law Review this month, authors Heidi A. Lawson and David Barres of the law firm Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. comment that Directors and Officers should demand a separate indemnification agreement. The article highlights some of the provisions that a well-written indemnification letter should include. Indemnification agreements of this kind address the significant personal liability to which any Director could be subject. If you are currently a Director or Officer, or are considering to become one, I encourage you to take a read.


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