Minimizing D&O liability risks for companies powering the energy transition

Shareholder plaintiffs frequently criticize companies for providing overly optimistic budgets and schedules while omitting information about cost overruns and delays. For instance, plaintiffs argued that a nuclear power company's published "guaranteed substantial completion dates" and "total gross construction cost" figures were misleading due to an internal report indicating the need for longer time and higher costs. Companies must ensure that published timeline and budget information are reasonably achievable.