"What seemed to win the executive compensation case for J&J was the investigation and report of special outside counsel appointed by the Board's special litigation committee. Obviously, boards of directors frequently create a special committee to investigate potential malfeasance or study the merits of and respond to litigation. Boards now may consider this approach for executive compensation matters as well. However, it will be unfortunate and costly if litigation developments begin to force companies facing this kind of litigation to protect themselves by retaining special executive compensation counsel." [George Leon Family Trust v. Johnson & Johnson, No. 12-cv-4401 (D.N.J. 2014)]