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ARTICLE · 11 DECEMBER 2006

Avoid Accidental Board Leaks - Go Electronic

Gowling WLG
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The fallout surrounding recent board leaks at Hewlett-Packard ("HP") has raised many questions about "board leakage" (see sidebar - What Happened at HP).

CanadaCorporate/Commercial Law

The fallout surrounding recent board leaks at Hewlett-Packard ("HP") has raised many questions about "board leakage" (see sidebar - What Happened at HP). While it must be left to the American judicial system and the Securities & Exchange Commission to assess how the HP board handled the investigation of its own members, it is clear that companies should take a hard look at how they deal with the materials such as the board book, agendas, attendance, minutes, committee materials and other corporate governance-related documents.

Accidental Leaks

Let's face it, board members are usually very busy people - running successful businesses and juggling many business interests. With so much on the go, it is easy to see how accidental disclosure might occur. By handing sensitive material over to be copied or by leaving confidential material on the corner of one's desk, controls begin to erode and the risks of leakage begin to materialize. Though disclosure can be accidental, reducing the

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