Lexpert Magazine

May 2018

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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LEXPERT MAGAZINE | MAY 2018 53 | MAKING A NECESSARY EXIT | he or she leaves unexpectedly, the succes- sion plan may be incomplete or nonexis- tent. And as executives have become more transient in recent years, unforeseen CEO departures have become more common. ere are myriad potential causes for an abrupt CEO departure, French says, in- cluding declining corporate performance, high crimes and misdemeanours, death or illness, early retirement, recruitment by another company or the transitioning out of a mercurial founder in favour of a more restrained administrator. Accordingly, no company can claim to be immune. "Most companies don't have a plan in place for the sudden loss of their CEO," French says. "e reality is, it's oen a re- active strategy for a Board." Her involve- ment frequently begins, she says, with the deceptively simple question, "'How do I deal with firing this executive?' My role is to get their eyes looking further down the slope," she says. "Before you jump, you have to know where you're landing." Barry Reiter, a partner and corporate gov- ernance specialist with Bennett Jones LLP in Toronto, agrees that corporate Boards face the loss of company leaders with in- creasing frequency, in part because of a veri- table tsunami of sexual harassment cases. TRUTH AND POWER "You have the Harvey Weinsteins of the world. e #MeToo movement is [seri- ous]," Reiter warns, in reference to the high-profile executive resignations and fir- ings brought about by numbers of women revealing sexual assaults committed by men in positions of power. "A very large number of companies are suddenly facing that sce- nario," he says. "It's all over the place and it's a big deal. It's sad that the world used to tolerate that sort of behavior but the world of power relationships is in need of chang- ing and that day is here." Still, Reiter says, very few companies methodically prepare for the sudden loss of a CEO, with or without the simultane- ous burden of a major scandal. "ey don't think of it that way. ey think of the boss getting hit by a bus." And since very few CEOs literally fall under the wheels of a bus, there's scant sense of urgency.

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