Weekly Roundup: October 7, 2016

Weekly Roundup
More from:

This roundup contains a collection of the posts published on the Forum during the week of October 7, 2016–October 13, 2016.

The Law and Brexit VII

Posted by Thomas J. Reid, Davis Polk & Wardwell LLP, on Friday, October 7, 2016

Tags: Banks, Brexit, Compliance and disclosure interpretation, EU, Europe, Financial institutions, Financial regulation,Financial technology, France, Inside information, International governance, UK

Disclosure of Beneficial Ownership After the Panama Papers

Posted by Joseph A. McCahery, Tilburg University, on Friday, October 7, 2016

Tags: Accountability, Accounting, Beneficial owners, Compliance & ethics, Corporate culture, Disclosure, Engagement,Panama Papers, Securities regulation, Tax avoidance, Taxation, Transparency

Does Corporate Governance Matter? Evidence from the AGR Governance Rating

Posted by Alberto Plazzi, USI Lugano & Swiss Finance Institute; and Walter Torous, Massachusetts Institute of Technology, on Saturday, October 8, 2016

Tags: Board performance, E-index, Financial reporting, Firm performance, Firm valuation, G-Index, Management, Market efficiency, Misreporting, Peer groups, Shareholder value, Stock returns

Audit Committee Reporting to Shareholders in 2016

Posted by Ann Yerger, EY Center for Board Matters, Ernst & Young LLP, on Sunday, October 9, 2016

Tags: Accountability, Accounting, Audit committee, Boards of Directors, Disclosure, External auditors, Financial reporting,Securities regulation, Transparency, Voluntary Disclosure

The EU’s New Reporting Rules—Creating An Informational Vacuum

Posted by Robert Pozen, MIT Sloan School of Management, on Monday, October 10, 2016

Tags: Accounting, Earnings announcements, EU, Europe, Financial reporting, Firm performance, Information environment, International governance, Long-Term value, Market reaction, Short-termism

Inside Safe Assets

Posted by Anna Gelpern, Georgetown University Law Center, and Erik F. Gerding, University of Colorado Law School, on Tuesday, October 11, 2016

Tags: Bankruptcy, Bondholders, Bonds, Credit exposure, Debt contracts, Financial crisis, Financial reform, Liquidity,Municipal securities, Risk, Securities regulation, Shadow banking

One Year Later: The Yates Memo, False Claims Act and Director & Executive Liability

Posted by Tony Maida and Rebecca C. Martin, McDermott Will & Emery LLP, on Tuesday, October 11, 2016

Tags: Accountability, Compliance & ethics, DOJ, False Claims Act, Indemnification, Liability standards, Misconduct,Securities enforcement, Settlements, Yates memo

It’s Commonsense to Have a U.S. Corporate Governance Code

Posted by Gary Larkin, The Conference Board, on Tuesday, October 11, 2016

Tags: Board composition, Board dynamics, Board turnover, Boards of Directors, Commonsense Principles, Diversity,Engagement, Institutional Investors, Management, Pension funds, Proxy advisors, Proxy voting, Shareholder voting

Optimal Fee-Shifting Bylaws

Posted by Albert H. Choi, University of Virginia Law School, on Wednesday, October 12, 2016

Tags: Attorneys’ fees, Boards of Directors, Charter & bylaws, Delaware articles, Delaware cases, Delaware law,Derivative suits, Fee-Shifting, Merger litigation, Mergers & acquisitions, Securities litigation, Shareholder suits

Second Circuit Clarifications on Key Investor Protections

Posted by Blair A. Nicholas, Bernstein Litowitz Berger & Grossmann LLP, on Wednesday, October 12, 2016

Tags: Fraud-on-the-Market, Investor protection, Liability standards, Section 10(b), Securities enforcement, Securities fraud, Securities litigation, Shareholder suits, U.S. federal courts

Significant Activity in All Sectors as Financial Institutions Innovate and Evolve

Posted by Edward D. Herlihy and Richard K. Kim, Wachtell, Lipton, Rosen & Katz, on Wednesday, October 12, 2016

Tags: Antitrust, Asset management, Banks, Boards of Directors, Executive Compensation, Financial institutions, Financial regulation, Financial technology, Mergers & acquisitions, Securities regulation, Shareholder activism, Shareholder value

The “Reasonable Investor” of Federal Securities Law

Posted by Amanda Rose, Vanderbilt Law School, on Thursday, October 13, 2016

Tags: Class actions, Common-law claims, Materiality, PSLRA, Rule 10b-5, SEC, Securities Act, Securities fraud,Securities litigation, Securities regulation, Shareholder suits

2016 CPA-Zicklin Index of Corporate Political Disclosure

Posted by Nanya Springer and Bruce Freed, Center for Political Accountability, on Thursday, October 13, 2016

Tags: Accountability, Citizens United v. FEC, Disclosure, Engagement, Oversight, Political spending, Securities regulation,Surveys, Transparency

What Is the Real Value of an Incentive Compensation Award When It Is Made?

Posted by Joseph E. Bachelder III, McCarter & English LLP, on Thursday, October 13, 2016

Tags: Accounting, Banks, Bonuses, Clawbacks, Disclosure, Dodd-Frank Act, Equity-based compensation, Executive Compensation, Financial institutions, Incentives, Management, Misconduct, Pay for performance, Risk management,Sarbanes–Oxley Act

Weekly Roundup: October 7, 2016–October 13, 2016