When considered in light of the Chancery Court’s decision, DOJ’s essential findings in its Boeing investigation are problematic at best.  The Chancery Court’s decision outlines how Boeing’s culture of safety deteriorated into a culture of cost-cutting and profits, while under supervision of a board with star-studded credentials.  The Delaware Court’s decision provides a perfect example of how weak corporate governance can have a direct and...

Boeing is still under investigation.  A grand jury is investigating potential safety and obstructions allegations.  Congressional investigations are continuing.  Civil litigation surrounding the 737 Max are continuing.  Boeing’s long path out of this nightmare appears to be rocky and filled with continuing risks, financial harm and reputational risks.  In reviewing the wreckage surrounding Boeing’s culture and safety performance, public disclosure of over 100 pages of...

When a company suffers from serious misconduct, the source of such a failure usually lies in its corporate culture.  I know this theory sounds relatively obvious, but bear with me here. The CEO and senior management and the corporate board are responsible for creating, oversight and monitoring of a company’s culture. Corporate boards and senior management work together, communicate regularly and should set an example. ...