News & Events

Boards Adopt Emergency Bylaws for Critical Flexibility – Agenda

Butler Snow attorney David A. Bartz was recently quoted in an article by Agenda about how the impact of the coronavirus pandemic and the accompanying financial downturn is forcing some boards adopt emergency bylaw provisions in an effort to ensure business continues uninterrupted.

The following is an excerpt from the article:

In large part, the current crisis isn’t likely to have impacted the ability to convene a quorum where state law and company documents allow for telephonic meetings and votes, says David Bartz, member of law firm Butler Snow’s business services group. But the reality of this situation is that board members and corporate leadership have to consider scenarios in which a board member is intubated or incapacitated by the virus, he adds. Additionally, Bartz says, directors could be scattered across the globe as they shelter in place, in locales with spotty internet and phone connections.

Though these may be seemingly unlikely circumstances, it is “definitely a good time to contemplate” the need for these provisions, according to Bartz.

To read the article in its entirety, click here.

To download a PDF version of the article, click here.