Join R. Robert Popeo and John O’Brien to discuss: the role of independent directors in conducting investigations and responding to litigation, ensuring adequate indemnification policies and insurance coverage for directors, enacting indemnity bylaws, and board practices and policies that can prevent litigation before it starts.  

R. Robert Popeo

Bob is Chairman of Mintz Levin and a member of the firm’s Policy Committee, and he practices from the firm’s Boston office. He practices in the Litigation Section, and previously served as its Chairman.  After his early days as a law clerk to a federal judge, he became a Special Assistant Attorney General and was appointed as a United States Commissioner (later known as United States Magistrate Judge). Bob was also an instructor at Boston University School of Law, and a guest lecturer at various law schools. Later, he assumed the role as Chairman of Mintz Levin and now has a reputation as one of the region’s premier trial attorneys. He has been recognized by the National Law Journal as one of the country’s top 100 lawyers for nine consecutive years, has been featured in The American Lawyer as one of the country’s “heavy hitters,” and is continually listed in The Best Lawyers in America. Bob was also named a “Senior Statesman” in the most recent edition of Chambers USA: America's Leading Lawyers for Business. Every year since 2004, he has been recognized as a Massachusetts Super Lawyer, in a listing published as a special supplement to Boston Magazine.

In civic as well as legal matters, preparation and commitment have long been Bob’s trademark. As part of his commitment to the community, he has served on the boards of the National Conference of Christians and Jews, Massachusetts Mental Health Research Corporation, Catholic Charitable Bureau, Glover Memorial Hospital, the American Cancer Society, and the United Way of Massachusetts Bay. He is also a member of the Board of Overseers of Northeastern University, a member of the Board of Advisors of Birmingham Business School, a Trustee of Boston College, a former Trustee of Newton Country Day School, a member of the Executive Committee of the Massachusetts Business Roundtable, and served as chair of the 2003 “Presidents at Pops” benefit concert.  Bob was chairman of the task force of the Boston Bar Association that worked with leaders of the Bar, justices of the various courts, and the business community to formulate a plan to reform the Massachusetts court system, a plan that was enacted into law. He was a Vice President of the Association and served on the Bar Council.

John  O’Brien

John F. (“Jack”) O’Brien is the former Chief Executive Officer, President and Director of Allmerica Financial Corporation. Prior to joining Allmerica he was the Group Managing Director of Fidelity Investments.  He currently serves as the Chairman of Cabot Corporation, where he also serves on the executive and governance & nominating committees. Mr. O’Brien is also lead director at TJX Companies, Inc., and serves on the board’s compensation and executive committees. He is also director and a member of the audit and compensation committees at LKQ Corporation.  Mr. O’Brien currently serves as a director for Black Rock Mutual Funds (formerly MLIM) and previously was a director at Fidelity Mutual Funds and trustee and chairman of the board for Allmerica Security Trust and Allmerica investment Trust.  Mr. O’Brien has been involved in a number of civic and non-profit organizations and is currently Chairman of the Woods Hole Oceanographic Institution. He is a member of the Massachusetts General Hospital’s President’s Council and is an honorary trustee of the Worcester Art Museum. He previously served as president of the Harvard Alumni Association, is a former trustee and vice chairman of the Boston Lyric Opera of New England and was a member of the board of trustees at Worcester Polytechnic Institute.

Mr. O’Brien was the 1998 Ellis Island Medal of Honor Recipient, presented to Americans of diverse origins for their outstanding contributions to their own ethnic groups and to American society. Mr. O’Brien received an A.B. degree in Economics from Harvard College in 1965 and an M.B.A.  from the Harvard Graduate School of Business Administration in 1968.

Ed Pendergast

Ed Pendergast practices as Pendergast & Company as a Corporate Financial Consultant and as a Managing Director of the investment banking firm Dunn & Partners. Ed has a rich and varied experience as a Director of public, private and nonprofit organizations. He has helped fend off a class action suit, served as a Special Litigation Committee involving a shareholder derivative suit, worked through a hostile tender offer and successfully defended a lawsuit claiming a lack of independence. He represented the common shareholders’ interests in a disagreement with preferred shareholders. He has been a director taking companies public, private and being sold. Ed has filled many roles as a Director from Chair to serving on an array of committees. Twice where Ed was Chair, he has stepped in as Acting CEO for extended periods of times.
 
Ed is on the Faculty of NACD’s Board Advisory Services focused on in board education and Board evaluations and is the immediate Past President of the New England Chapter of NACD. He is a CPA, having served as President of the Massachusetts Society of CPAs. He also is a Past President of the Smaller Business Association of New England. He is active in many civic and charitable organizations.
 
Ed holds a Bachelor’s and Master’s degree from Bentley University and is a graduate of the Owner President Management Program from Harvard Business School.