Practice Subgroup

Director and officer counseling and defense

Service as an officer or director includes multiple responsibilities and risks. At Chuhak & Tecson, we provide Board-level legal advice to more than 1,000 small and midsized corporations. We also represent large healthcare systems and more than 30 financial institutions. When allegations of wrongdoing are asserted against directors and officers of a corporation, we are frequently retained to defend their interests. As with all litigation, we always seek a negotiated resolution of every dispute before litigation becomes necessary. However, if an amicable agreement cannot be reached, our director and officer defense team promptly provides an analysis and assessment of liability and damages so our clients can make informed decisions regarding the case. When necessary, we achieve successful results at trial, arbitration and evidentiary hearings.

Our recent director and officer defense and fiduciary duty litigation includes the following:

1. Successful defense of director and officer claims filed pursuant to the state and federal securities laws.
2. Defense of breach of fiduciary duty claims filed against officers and directors.
3. Actions for injunctive relief related to restrictive covenants and alleged breaches of fiduciary duty.
4. Trade secret and competition litigation against directors and officers who have allegedly breached duties of confidentiality to their employer or former employer.
5. Defense of wage claims and other actions wherein the plaintiff attempts to assert personal liability against a director or officer.
6. Defense of breach of fiduciary duty claims filed against directors and officers by the bankruptcy trustee or estate of failed corporations subsequent to insolvency.