Weekly Roundup: June 14

This roundup contains a collection of the posts published on the Forum during the week of June 14–20, 2019.

Defined Contribution Plans and the Challenge of Financial Illiteracy

Posted by Jill E. Fisch (University of Pennsylvania Law School), Annamaria Lusardi (George Washington University), and Andrea Hasler (George Washington University), on Friday, June 14, 2019

Tags: 401(k), Corporate liability, ERISA, Information asymmetries, Investor protection, Liability standards, Retirement plans

Exchanging Views on Exchange-Traded Funds

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, June 14, 2019

Tags: Capital markets, Exchange-traded funds, Index funds, Investment Company Act, Investor protection, Liquidity, Market conditions, SEC, Transparency

Investors Bancorp‘s Impact on Long-Term Incentive Plans

Posted by Matthew B. Grunert, Scott C. Sanders and Jackie Z. Coleman, Bracewell LLP, on Saturday, June 15, 2019

Tags: Boards of Directors, Delaware cases, Delaware law, Director compensation, Incentives, Shareholder suits, Stock options

Get Us There—The Ceres Strategic Plan

Posted by Mindy Lubber, Ceres, on Saturday, June 15, 2019

Tags: Climate change, Corporate Social Responsibility, Environmental disclosure, ESG, Risk management, Sustainability

NYS Common Retirement Fund’s Climate Action Plan

Posted by Thomas P. DiNapoli, Office of New York State Comptroller, on Sunday, June 16, 2019

Tags: Climate change, Environmental disclosure, ESG, Institutional Investors, New York, Pension funds, Stewardship, Sustainability

Mootness Fees

Posted by Steven Davidoff Solomon (University of California, Berkeley), on Monday, June 17, 2019

Tags: Class actions, Delaware law, Disclosure, Fairness review, Merger litigation, Mergers & acquisitions, Securities litigation, Settlements, Shareholder suits, Transparency

Calling the Cavalry: Special Purpose Directors in Times of Boardroom Stress

Posted by Gregory V. Varallo, Richards Layton & Finger, PA, and Frank M. Placenti, Squire Patton Boggs LLP, on Monday, June 17, 2019

Tags: Audit committee, Board independence, Boards of Directors, Conflicts of interest, Controlling shareholders, Director compensation, Director nominations, Special committees

Debt Default Activism: After Windstream, the Winds of Change

Posted by Joshua A. Feltman, Emil A. Kleinhaus, and John R. Sobolewski, Wachtell, Lipton, Rosen & Katz, on Tuesday, June 18, 2019

Tags: Bankruptcy, Covenants, Credit default swaps, Debt, Debtor-creditor law, Derivatives, Shareholder activism

Do Firms Issue More Equity When Markets Become More Liquid?

Posted by Rogier Hanselaar (Erasmus University Rotterdam), René M. Stulz (Ohio State University), and Mathijs A. van Dijk (Erasmus University), on Tuesday, June 18, 2019

Tags: Capital markets, Equity capital, International governance, IPOs, Liquidity, Market conditions, Market timing