In this episode of S&C’s Critical Insights podcast series, Melissa Sawyer, co-head of S&C’s Corporate Governance & Activism practice, addresses a question that unfortunately more and more U.S. public companies are facing in the context of the COVID-19 pandemic: whether to disclose that a senior executive is experiencing a serious health issue. If a company decides to make a voluntary disclosure, it is important to understand the associated legal and practical issues. How do companies evaluate the circumstances and determine the best course of action to comply with applicable law, limit disruptions and maintain shareholder confidence? And how do companies simultaneously take into account the executive’s privacy rights, personal concerns and the impacts on others in the company?
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