The Securities Law Questions Raised by #MeToo

Due in significant part to the recent #MeToo movement, a wave of workplace sexual harassment allegations has flooded the corporate arena along with increased publicity, which has forced companies to contemplate their public responses. Despite a dearth of guidance as to whether and when a public company should disclose details concerning a sexual harassment investigation of one of its executives, companies are not impervious to litigation for failing to disclose such information or for breach of fiduciary duty in connection with tolerating sexual harassment. Join Deborah Birnbach and Jennifer Fay of Goodwin as they evaluate sexual harassment investigations through the lens of federal securities laws and state fiduciary duty law.