Turnaround & Restructuring Services

Board Advisory

J.S. Held’s Inaugural Global Risk Report Examines Potential Business Risks & Opportunities in 2024

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We enhance Board oversight and exercise fiduciary duty with an informed, objective perspective.

Our experts deliver the resources and analyses Boards need to quickly evaluate issues and options.

Our experts serve as board members and advise Boards of Directors for companies spanning all sizes, ownership structures, and industry sectors. Our unique blend of operational, financial, and transactional expertise allows a Board of Directors to understand the totality of its situation and the potential ramifications of various courses of action.

Our Services
  • Bankruptcy & Alternatives to Bankruptcy
  • Capital Raising & Debt Restructuring
  • Company Sale, Divestitures & Carve-Out Advisory
  • Compensation Strategies
  • Corporate Governance / Regulatory Compliance Advisory
  • Dispute Resolution
  • Environmental, Health & Safety Advisory
  • Executive Leadership & Interim Management Services
  • Financial & Operational Restructuring Advisory
  • Incentive & Bonus Plan Opinions
  • Independent Director Services
  • Intellectual Property Advisory
  • M&A & Joint Venture Advisory
  • Strategic Alternatives Advisory
  • Sustainability & ESG Advisory
Our Board Advisory Expertise

The role of a Board Member has grown increasingly difficult over the past decade. A Board is charged with having detailed knowledge of all important aspects of a Company but may lack the bandwidth or experience to effectively fulfill this role. This is particularly true during times of disruption, a transaction, allegations of impropriety, or liquidity constraints.

For a company in transition, it is imperative that the Board receives an unbiased, detailed view of current circumstances so that Board Members can appropriately consider all operational, financial, and strategic alternatives that may be available. Given the increasingly litigious business environment, an independent, third-party Director can be invaluable when decisions are challenged by outside constituencies during difficult transitional periods, or when potential sale transactions are being considered.

Our Board Participation Experience

Along with our Board Advisory services, we also leverage extensive experience personally serving as Board Directors. Our experts have served on Boards for organizations spanning a myriad of industries and at various stages of development, including:

  • Fortune 100 Companies
  • Middle Market Companies
  • Non-Profit Organizations
  • Public Companies
  • Research Centers
  • Start-Ups
  • Universities
Situations Where We Provide Board Advisory & Serve as Independent Directors

Our Board participation and advisory services are valuable in diverse situations, including:

  • Transitional periods, after an interim management assignment has been completed
  • When an independent director is needed
  • After a complex period of financial or operational restructuring
  • While examining the possible sale of a company or operating division and/or evaluating offers to purchase the company 
  • While determining potential insolvency action strategies, including bankruptcy, receivership, or other out-of-court resolutions
  • When establishing Board representation for a specific investor constituent
  • When intra-Board disputes exist and need resolution
  • To provide investigative services after serious allegations have been made to the Board
  • When expert forensic accounting services are needed
  • To serve as restructuring committee representatives when Board Members have potential conflicts of interest
Our Firmwide Expertise

We leverage the experience of our experts in the following areas to continually enhance our Board Advisory services:

  • Anti-Bribery / Anti-Corruption & FCPA
  • ARP Funding
  • Business Intelligence
  • Business Valuation
  • Cyber Security & Digital Investigation
  • Environmental, Health & Safety Advisory
  • Falsely Reported Transactions
  • Financial / Operational Internal Controls Failures
  • Foreign Investment Regulation
  • Forensic Accounting
  • Fraud Investigations
  • Global Sanctions Compliance
  • Intellectual Property Strategy & Valuation
  • Market Entry Analysis
  • Mergers & Acquisitions (M&A) Due Diligence
  • Off-Channel Communications (OCC) Regulations
  • Political Risk & Government Relations Advisory
  • Regulatory Compliance Inquiries & Settlements
  • Reputational Risk Mitigation
  • Supply Chain Integrity
  • Sustainability & Environmental, Social & Governance (ESG) Advisory
Capital Raising & Debt Restructuring

We advise Boards of Directors regarding capital raising opportunities for companies faced with complex growth or funding situations.

Our experts employ a highly customized and collaborative approach to deliver solutions that fit the Board’s needs, providing financing alternatives across the entire capital structure. We support clients in raising adequate funds, allowing them to execute strategic plans, expand their businesses, and maximize enterprise value. We are uniquely qualified to support transitioning, rebounding, or early-stage companies with access to non-traditional sources to raise the capital needed to support their goals for recovery or growth.

Corporate Governance & Regulatory Compliance Advisory

Our team assists Boards facing multi-jurisdictional regulatory inquiries, government investigations, and internal compliance challenges by helping them design, implement, monitor, and enhance effective compliance policies and programs.

We leverage our regulatory, technology, and investigative expertise to provide clients with a 360-degree view of their operations to help adapt to ever-changing regulatory requirements and manage emerging data sources and technologies.

Intellectual Property Advisory

As intangible assets represent 90% of corporate value, the Board of Directors ultimately is responsible for protecting this value for the benefit of shareholders.

Ocean Tomo, a part of J.S. Held, advises on intellectual property (IP) best practices and provides lasting insights to both realize value and manage risk. Managing Directors within Ocean Tomo also serve as Directors in select cases, often chairing a Board committee on intellectual property.

We are routinely called on to advise on Board-level issues, including:

  • Implementation of trade secret reasonable measures
  • Development of an IP licensing policy for use when defending or asserting patent infringement
  • Risk management of Artificial Intelligence & Machine Learning (AIML) databases and related concerns regarding copyright infringement
  • Establishing a plan for IP asset management to prevent shareholder claims
 
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