CEOS today face personal legal, reputational and regulatory risks that did not exist in past generations. Protecting themselves is no longer just a matter of relying on corporate counsel or HR
— it requires strategic preparation, legal clarity and institutional alignment.
Here is a structured approach:
1) Treat yourself as the risk centre
Understand that, in many cases, the CEO is the de facto target, not just the company. Complaints,
activist campaigns or regulatory scrutiny often aim at the individual. Recognize personal liability exposure, even for statements or decisions made in good faith.
Action: Map all potential “personal fault lines” — public statements, social media, board communications, and executive decisions that could trigger legal or reputational scrutiny.
2. Build direct access to independent legal judgment
Internal legal teams are essential but they often operate under board, HR or corporate politics,
which can delay or filter advice. CEOS need independent counsel who understands executive
risk, employment law and crisis management.
Action: Establish a standing retainer with outside counsel who can provide immediate advice
without bureaucratic delay.
3. Stress-test public positions
Every public statement — speech, interview, social media post — exists in an ecosystem that
can weaponize ambiguity. Boards often overlook this, assuming compliance or PR measures will
absorb the risk. Evaluate worst-case reactions from regulators, media, investors, activists.
Action: Conduct scenario planning and simulations for controversial statements, product
launches or corporate stances, including worst-case activist, media or regulatory reactions.
Be prepared with ready access to outside legal counsel, Howard Levitt writes.
An essential playbook for CEOS as their personal risk rises
Vancouver Sun · 24 Jan 2026
4. Align the board and the company
Institutional retreat is a major vulnerability. CEOS must ensure that boards, governance committees and HR leadership are on the same page regarding personal exposure. There must be
pre-committed support in the event of attacks, not improvised statements after the fact. Action:
Formalize a crisis-response agreement outlining what institutional support looks like if personal exposure arises.
5. Maintain personal documentation
Documenting decision-making, communications and risk assessments is critical. This ensures
that there is a clear paper trail if regulators, investors or litigants attempt to hold the CEO personally accountable.
Action: Keep detailed decision memos, meeting notes and risk assessments that can be used to
demonstrate diligence and good faith.
6. Understand employment law implications
CEOS are technically employees and officers of the company; certain employment-law protections may or may not apply if liability arises. Many CEOS assume severance or indemnification
automatically covers all scenarios. They often do not. Ensure coverage includes both speechrelated and operational exposure.
Action: Review employment agreements, D&O insurance policies and indemnification clauses to
ensure coverage aligns with modern risk exposure.
7. Treat visibility as both asset and liability
Public visibility is a source of influence and power — but also a target for campaigns and regulatory scrutiny. Strategic communication, careful framing and measured visibility are essential.
Action: Adopt a deliberate visibility strategy: when to speak, what channels to use and how to
phrase statements to minimize misinterpretation.
8. Cultivate a trusted advisory circle
CEOS need more than legal counsel — they need strategic advisers who understand governance,
media, employment law and regulatory risk. Trusted peers or mentors who have been through
crises can help anticipate attacks before they materialize.
Action: Maintain a small, confidential circle of advisers who can pre-screen risky situations and
advise on judgment calls.
Bottom line: The CEO is now part of the product and a source of liability for both the company
and themselves. Protection is not about avoiding controversy or issuing boilerplate statements.
It is about preparation, legal clarity, institutional alignment and personal judgment.
CEOS who proactively anticipate pressure, secure independent counsel and formalize board support are the ones who retain control when a crisis arrives.
Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in
Ontario and Alberta, and British Columbia. He practices employment law in eight provinces and
is the author of six books, including The Law of Dismissal in Canada.