Eva Davis Discusses the #MeToo Impact on Executive Contracts

Winston & Strawn’s Private Equity Practice Co-Chair Eva Davis was quoted in Daily Journal’s article titled “Attorneys Help Clients Navigate #MeToo Impact on Executive Contracts.” The article focuses on the #MeToo movement and the steps corporate attorneys are taking to protect their clients as they negotiate in M&A transactions and executive employment contracts.

According to the article, at least 475 high-profile executives and employees have been accused of misconduct since April 2017. With this increase, companies are being faced with the challenge of how to implement polices to govern their executives particularly as it relates to termination, severance agreements, plans within executive contracts, and due diligence in merger and acquisition agreements.

Businesses in different industries deal with issues related to executive conduct. Some companies have best practices to handle those issues. “I haven’t seen that any industries are immune to #MeToo issues,” Eva explained.

“We do see fewer issues with larger corporations that have more regular, formalized training in this area with strong leadership from the top who demonstrate a commitment to a respectful workplace and are willing to investigate these claims internally, respectfully and quickly, and fire the bad actors even at the highest levels,” she added.

With over 20 years of experience, Eva works with some of the most active private equity funds in the country and provides “astute commercial advice” alongside her strategic M&A counseling when negotiating on behalf of U.S. and global public and private companies, boards of directors, and private equity funds involving their most significant transactional matters. Eva is the managing partner of Winston’s Los Angeles office and is a member of the firm’s Executive Committee.