How confident are you that your existing or contemplated contracts will be enforceable in light of unexpected events such as the COVID-19 pandemic? This article is a timely deep dive into the history and development of the common law precedents guiding interpretation and enforceability of force majeure clauses.
Now is the time for major corporations to make good on their commitments.
An after action review (AAR) is a structured review or de-brief (debriefing) process for analyzing what happened, why it happened, and how it can be done better by the participants and those responsible for the project or event. After-action reviews in the formal sense were originally developed by the U.S. Army. Formal AARs are used by all US military services and by many other non-US organizations. Their use has extended to business as a knowledge management tool and a way to build a culture of accountability.
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CEOs of Australia's largest companies realise there is a need to act.
In every workplace, there are three basic kinds of people: givers, takers and matchers. Organizational psychologist Adam Grant breaks down these personalities and offers simple strategies to promote a culture of generosity and keep self-serving employees from taking more than their share.
Most strategic planning involves preparing dense documents filled with numbers and jargon. But building the process around a picture yields much better results.
The Director’s Dilemma™ newsletter aims to amplify the power of directors and boards to build better businesses by providing a safe environment for testing their judgement using real-life scenarios. Subscription is free of charge and subscribers are welcome to share the newsletter as a training aid for their own boards. Julie Garland McLellan presents dilemmas as an interactive alternative to conference presentations or prescriptive training. Please contact her to discuss how she can energise, educate and entertain your board or audience.
How, as a prospective director, can you be sure that you really have what it takes to be a board member and are not just dreaming when you plan your board career? This paper includes a short diagnostic to help you to focus your actions on the areas where improvement will lead to the biggest increase in your attractiveness to boards.
Splitting company boards and allowing employees to elect board members are just the start of the reforms needed to fix corporate governance.
Est. @ Work Club, the Florence Guild Event Series features our brightest thinkers -> valuable insights to help members [including Blue Ocean Law Group℠ + our clients] thrive in tomorrow’s world.
How can a director be confident that they've adequately discharged their responsibilities?
In Setting the Tone from the Top, Melinda Muth and Bob Selden examine how director conversations shape organisational culture. They show how using appropriate words and language can tap the collective knowledge of the board to improve the working relationships, their collective decision making and ultimately positively impact the behaviour of management.
From our team of Blue Ocean Strategy® consultants external sources.
Several factors increasingly show that general counsel experience can be very valuable in governance.
[Corporate responsibility for crimes that require thought, or lack of thought, has been the subject of much debate both in the UK and worldwide.
Maha Chaar MAICD Senior Associate Tottle Partners, Lawyers Member since 2015 For quite some time, the legal profession has debated whether lawyers should be appointed as company directors...
Public companies in the US have a one-in-three chance of not surviving the next five years. What can CEOs do to drive both performance and longevity?
Research highlights ways in which boards can improve their practices and processes beyond compliance with regulatory instruments Professor Guy Ford, Associate Professor James Rooney and Louise Pocock 20 July 2018
I have always regarded Bob Tricker as the Father of Corporate Governance since his 1984 book introduced me to the words corporate governance. --Sir Adrian Cadbury,author of the first corporate governance code (UK, 1992)
HSBC chair Graham Bradley AM FAICD on APRA's Prudential Report into Commonwealth Bank's misconduct and the implications for financial institution directors.
The ASX is moving to strengthen governance rules to ensure companies and their boards and senior executives act in a lawful, ethical and socially responsible way.
AICD's suggested steps likely to be relevant when pursuing a restructuring plan and attempting to trigger the safe harbour protection from civil liability for insolvent trading provided in s 588GA(1) of the Corporations Act 2001 (Cth).
Business improvement software to move your business forward. Achieve your business goals and plan for the future using our business planning tools, action items, health checks and access to our business coaches.
Introduction The term ‘culture of compliance’ for some may be evocative of the bland horrors of the suburb of Stepford in the 1975 film ‘The Stepford Wives’. In that film, which is this year being remade as a black comedy starring Nicole Kidman, all the town’s women were replaced by passive female robots each subservient to her husband’s every wish and whim. This paper considers the idea of a...
Ever since the death of Julius Caesar, people have been warned to “beware the Ides of March”. Corporations might be advised to pay special heed to this warning in the year 2000 as 15 March is the nominated date on which provisions in the Commonwealth's Criminal Code Act (1995) – affecting the criminal liability of corporations under Commonwealth law – will come into effect.