FAQ : liability of SC members

What is the current liability of any FIRST SC member not serving on the Board?

A. Any FIRST SC member who is NOT on the First.org, Inc. Board is personally liable for his/her acts.

What is the current liability of any FIRST SC member serving on the Board?

A. A First SC member who is on the First.org, Inc. Board, and who acts as a member [in his capacity] of the Board is protected by the Limited Liability protection afforded by the corporate entity PLUS any Errors & Omissions and other insurance which is purchased by First.org, Inc.

How does liability change, if an event is inside or outside the US?

A. Liability is usually determined by the courts in the jurisdiction where an alleged wrong or injury occurs. However, the courts of most countries recognize that an act done by someone in his/her capacity as a member of a corporation Board is an act (liability) of the corporation rather than of the person in his/her individual capacity.

Do the liability issues change if a FIRST SC member is a non-US citizen?

A. Liability for the alleged injury/wrong does not change if a First SC member is a U.S. citizen or not. However, if the non-U.S. citizen resides outside the U.S., U.S. courts may not, as a practical matter, be able to catch up (exercise jurisdiction) over the foreigner.

Can other liability laws be applied to FIRST SC members, for example take the Mexican ones, if a Mexican citizen is involved or an event is in Mexico?

A. Liability laws are enforced by countries over those folk that they can get their hands on (exercise jurisdiction over). If you do not set foot in Mexico, and have no property or assets there, it is almost impossible for them to get you. Only if you cause damage or an injury in Mexico are they going to try.

[ Source: L.E., lawyer to FIRST.Org, Inc. ]