TY - JOUR T1 - Trying to Match SOX JF - The Journal of Private Equity SP - 20 LP - 27 DO - 10.3905/jpe.2005.490413 VL - 8 IS - 2 AU - James B. Shein Y1 - 2005/02/28 UR - https://pm-research.com/content/8/2/20.abstract N2 - Directors of public and private companies face increased scrutiny and potential attacks on several fronts. Those include 1) government enforcers and plaintiffs taking directors' personal assets; 2) governance reforms enacted at the state and federal level; 3) court rulings which strip directors of the attorney-client privilege; 4) attacks against the safe harbor of the business judgment rule; and 5) insurers trying to rescind directors' insurance policies. Directors can take steps to protect themselves while still meeting the higher standards. These include hiring independent counsel for non-management directors, restructuring the D&O insurance program, and taking particular actions if the company winds up in bankruptcy. ER -