Business Judgement Rule

Any decision or action taken by a board member has legal implications; some of the implications are intended, while some are not. Daily business decisions by board members are key actions for leading a successful business. The relationships between management and supervisory board members or shareholders are also material to determining board members’ liability. We advise our clients, board members, how to recognize legal implications of their decisions or actions and to mitigate their exposure, whereby taking rational and commercially/financially optimal decisions. By observing and reviewing Croatian and comparative German, Austrian or US judicature, our team works on compiling and systemizing judicature in relation to the business judgement rule and board members’ liability to its company, creditors or other stakeholders. Only by way of a systemic approach to pairing court practice to particular facts of a case, we can advise board members on the complex legal implications of their decisions with – interpreting previous examples of liability, we ensure advice on legal implications of decisions at a high standard.