Issues for Boards 2024
Staying agile to be ahead of the game
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Introduction
In a landscape shaped by geopolitical shifts, economic challenges, diverging societal and political views, and the swift advance of technology, agility and foresight are pivotal in steering a business to success.
Our latest “Issues for Boards” publication outlines emerging and perennial topics for Boards and General Counsel that we believe should spark lively discussion within boards over the next year.
Please get in touch with the contacts listed if you would like to discuss any of the issues covered in this publication.
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Beyond the peak of inflated expectations: Using generative AI to enhance performance
Generative AI is revolutionising industries, but as the hype around its potential grows, so do the legal and ethical challenges it poses. This article highlights five issues for consideration as businesses navigate a complex legal and ethical landscape, strategically plan for AI integration, and ensure compliance and effective risk management.
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Cyber attacks: Keeping pace with new governance expectations
As cyber threats increasingly dominate the risk landscape, businesses face the daunting task of bolstering their cyber defences. We highlight the importance of strategic board-level oversight and the need for precise metrics, targeted training, and robust incident planning, all within the framework of emerging governance codes like the UK's draft Cyber Governance Code of Practice.
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M&A: Making sure you cross the finish line
At the same time as corporates and financial sponsors come under increasing pressure to pursue strategic transactions, M&A activity is facing heightened, and at times unpredictable, antitrust and regulatory scrutiny. It is therefore important for dealmakers to be aware of some of the risks to transactions. We highlight four key regulatory trends to consider.
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DEI: How to lead without going offside
Whilst much focus has been on achieving greater diversity among senior leaders in recent years, the spotlight is increasingly moving towards the overall responsibility those senior leaders have for an organisation’s overall DEI strategy. However, we are in a challenging landscape, with a variety of attitudes towards DEI being expressed by stakeholders, and legal limitations on what actions can lawfully be taken to improve DEI. We focus on five areas to be considered.
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The investigating NED: Taking the reins on a new role
Non-Executive Directors are increasingly stepping into the role as workplace investigators, particularly in matters involving senior management. This shift, driven by a rise in internal investigations and a call for independent decision-making, places NEDs at the centre of complex legal, emotional, and ethical challenges. The article outlines the evolving expectations of NEDs, the skills required to navigate these sensitive issues, and practical considerations when taking on this new role.
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Navigating the shift towards a low carbon economy: How to stay the course
Despite growing anti-ESG and anti-net zero sentiment in some quarters, the broader economic landscape is unmistakably moving towards a lower carbon economy. For businesses to stay ahead, they must integrate the management of climate and other ESG risks with the pursuit of new opportunities. We identify five critical areas for consideration and action in the coming year.
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