HACKER Q&A
📣 samspenc

Who would represent OpenAI board in a lawsuit?


Curious about this, I had a few questions.

1. Do OpenAI lawyers work for the non-profit board or the for-profit arm (indirectly investors)? 2. If investors sued the OpenAI board and they hired outside counsel, would they be hired by the non-profit branch to defend the board? 3. Assuming OpenAI couldn't hire lawyers to defend the board, are each of the board members left to themselves to figure out their own legal defense?


  👤 mrandish Accepted Answer ✓
1. Lawyers work for whoever hires them. Any individual or corporate entity can hire lawyers. Lawyers are not allowed to simultaneously represent two or more clients on the same matter if those clients are in conflict.

2. It depends on which entity or individuals the investors name as defendants in any suit(s).

3. Corporations often pay for Directors and Officers Insurance on behalf of their board members. D&O insurance covers the costs of legal representation in the event a director or officer is sued in a personal capacity for actions taken as a director or officer.


👤 minimaxir
If anyone's getting sued it would likely be in an individual capacity.