Credibility of Independent Director Impeached by Potential Conflicts of Interest
Forward Risk was engaged by a law firm to conduct an investigation regarding a trustee. This individual, a supposedly independent director and committee member, had been previously tasked with playing the role of a neutral party in business matters by companies in financial distress. The client was interested in any examples of instances where the subject demonstrated conflicts of interest or otherwise lacked true independence.
Our methodology consisted of a careful review of available public records, including litigation records at the federal and relevant local levels, and news and social media, as well as a full review of personal finance records where available, interlocks analysis, and personal and professional relationships. Research focused on uncovering incidents in which the subject may have acted out of self-interest, or the interest of companies that had retained him, to the detriment of other involved parties.
Our investigation uncovered several potential conflicts of interest in the subject’s history. These included accusations of breaching fiduciary duty, as well as accusations of undisclosed professional ties to a company involved in a bankruptcy case that may have biased the subject’s judgment. This provided our client with key information regarding the credibility – or possible lack thereof – on the part of the subject.