Corporate Governance

Benesch regularly counsels its clients on issues of corporate governance and compliance matters. We represent public and private corporations, boards of directors, board committees, individual directors, lenders and financial investors on governance issues and in implementing appropriate compliance programs. Because of our strong focus in the area of private equity, we are particularly sensitive to the types of governance and compliance issues that are relevant to portfolio companies of private equity sponsors.

While the enactment of the Sarbanes-Oxley Act (SOX) in 2002 focused a good deal of attention on the area of corporate compliance, the representation of both publicly traded and privately held companies, including private equity owned businesses, has been a significant portion of our corporate practice for many years. We continually monitor the regulatory aspects of corporate compliance and we advise our clients on changes and pending legislation that is applicable to their businesses.

We advise clients and/or develop programs addressing many aspects of corporate governance, including:

  • Fiduciary duties of directors
  • Board committee charters
  • Determination of independence of directors
  • SOX compliance
  • Codes of ethics
  • Disclosure and disclosure controls
  • Internal controls
  • Document retention policies