Board Level Disputes & Exits

The best way for businesses to manage such matters will be dependent on the nature of the business, and the factual background. Some senior exits may be entirely amicable, but it will still be critical to ensure measures are in place to protect your business.

For example, we can advise on the possible implications of a senior management exit where there are no post-termination restrictions to prevent employment by a competitor, or where a departing employee holds information proprietary to your business. The departure may result in a change of your ownership structure, or require disclosure to a regulatory body, in which case we are able to seek input from our Company Commercial Team.

Some common issues which arise around board-level disputes and exits are:

• How do we manage director misconduct?
• Can we protect our business from a senior team member working for a competitor?
• What process do we follow if the exit results in a change of our ownership structure?
• How can we ensure our post-termination restrictions are enforceable?

The answers to these questions will very much depend on your business model, industry and structure. Our specialist employment solicitors can advise on the most appropriate legal and commercial approach to ensure that disputes are resolved amicably where possible, or manage exits of senior employees to minimise litigation risk and reputational damage.