By: Nitin Jain In a recent shareholder derivative action, defense counsel presented what appeared to be a robust governance framework: a board-approved whistleblower policy, comprehensive compliance documentation, and established employee training protocols. The policy satisfied all applicable regulatory requirements. The presiding judge's inquiry cut through the documentation: What tangible outcomes had the policy produced? Specifically,... Continue Reading →

By: Nitin Jain The prosecution's case seemed thin initially. There were allegations of financial misconduct, but the transactions had board approval. Corporate records showed compliance with procedural requirements. Management maintained everything that was properly authorised. Then the prosecution produced the whistleblower complaint file. Six months before the alleged misconduct came to regulatory attention, an employee... Continue Reading →

Author: Archana Balasubramanian Pre-IPO reorganisation work does not end with forensic RPT analysis and valuation-backed restructuring. To withstand post-listing scrutiny, companies must convert independence, fairness, and arms-length intent into provable governance through audit committee architecture, decision-trail documentation, securities-grade transaction drafting, and a transparent prospectus disclosure strategy. This is how you reduce the probability of derivative... Continue Reading →