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Operating amid heightened regulatory and governance risks

In today’s complex landscape of evolving regulations and heightened public expectations, private companies must establish a robust governance framework.

06/13/2025 · 4 minute read

Businesses today are navigating an increasingly complex landscape, characterized by evolving regulations and heightened public expectations. To thrive amidst these challenges, private companies like yours must establish a robust governance framework that ensures compliance with regulatory requirements while fostering transparency, accountability, and ethical decision-making.

The intensifying scrutiny from regulatory bodies poses significant challenges for private companies of all sizes and across various industries. Non-compliance with evolving regulations can lead to financial repercussions and even reputational damage. For your company’s decision-makers, regulatory and governance risks may translate into personal liability, threating their assets and professional standing.

Navigating the evolving regulatory risk landscape

In today's complex business environment, private companies face a myriad of regulatory and governance risks. Regulatory bodies — such as the Department of Justice (DOJ) and the Federal Trade Commission (FTC) — are increasing their scrutiny, especially when it comes to compliance with antitrust laws and competition regulations. 

The evolving regulatory landscape places additional pressure on your organization to ensure compliance, especially as changes in federal and state regulations may create uncertainty, particularly for those private companies operating in multiple jurisdictions. For instance, when states perceive federal regulations to be inadequate, state attorneys general may impose their own regulations, resulting in a patchwork of compliance requirements. The stakes are even higher if your company operates internationally and needs to keep up to speed with regulations in other countries or regions.

Moreover, private companies are increasingly exposed to risks associated with consumer class actions, particularly in an era where social inflation may lead to higher jury verdicts that could be financially crippling for a business. Insufficient adherence to regulations may exacerbate this risk.

Given this complexity, it is imperative to stay informed about regulatory changes and adapt your governance structures in line with the evolving landscape.

Addressing governance challenges

While effective governance structures are critical for a private company’s success, they often present significant challenges, including:

  • Reduced oversight. Compared to public entities, private companies may experience diminished oversight, potentially leading to poor decision-making, inadequate risk management practices, and potential legal issues.
  • Lack of board diversity. A board lacking diversity in expertise and perspective may fail to address critical governance issues, increasing the risk of mismanagement.
  • Leadership vacuums. The sudden departure of key executives, especially in the absence of a clear succession plan, may create a leadership vacuum, leading to operational instability and potential conflicts among stakeholders.
  • Informal compliance structures. Without formalized compliance structures it becomes more difficult to have consistent adherence to internal policies and procedures, heightening the risk of regulatory violations and legal liabilities. 

As your company expands, governance needs become even more complex. It is therefore crucial to build governance structures that can scale with your organization, allowing them to remain effective as the company grows.

Implementing comprehensive risk mitigation strategies

To effectively manage these governance and regulatory risks, adopting comprehensive risk mitigation strategies is a must, as is establishing strong governance frameworks. This involves developing clear policies and procedures that define roles and responsibilities for board members and executives. Regular evaluations can enhance accountability and effective oversight. 

Ongoing training and education for employees and management on compliance and governance issues are also crucial. Fostering a compliance-focused culture encourages all stakeholders to be aware of their responsibilities and the potential risks associated with non-compliance.

Engaging legal and compliance experts can provide valuable insights into navigating the complex regulatory landscape, helping you understand the company’s obligations and help avoid potential pitfalls. 

As you navigate the complexities of regulatory and governance risks, consider how regular risk assessments can help you identify challenges across your organization, allowing you to proactively address them to avoid escalation.

Additionally, implementing a robust directors and officers liability (D&O) policy will provide protection to your executives, helping you to attract and retain the trained and experienced leadership team that is vital for the organization’s growth and success. This is particularly important in the current uncertain climate, where private companies must be prepared for additional financial and operational risks, including managing supply chains and making informed investment decisions while at the same time abiding by changing regulations.

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Deepak Adappa

Deepak Adappa

Managing Director, FINPRO

  • United States

William Fahey

William Fahey

Private Company D&O Product Leader, FINPRO

  • United States

Ruth Kochenderfer

Ruth Kochenderfer

D&O Product Leader

  • United States

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