Weekly Roundup: August 6

This roundup contains a collection of the posts published on the Forum during the week of August 6–12, 2021.

SEC Brings SPAC Enforcement Action and Signals More to Come

Posted by Adam Brenneman, Rahul Mukhi, and Jared Gerber, Cleary Gottlieb Steen & Hamilton LLP, on Friday, August 6, 2021

Tags: IPOs, Mergers & acquisitions, SEC, SEC enforcement, Securities regulation, SPACs

Shareholder Meetings and Freedom Rides: The Story of Peck v. Greyhound

Posted by Harwell Wells (Temple University), on Friday, August 6, 2021

Tags: ESG, Human rights, Legal history, SEC, Securities regulation, Shareholder meetings, Shareholder proposals, Shareholder voting

Statement by Commissioner Roisman on the Commission’s Order Approving Exchange Rules Relating to Board Diversity

Posted by Elad L. Roisman, U.S. Securities and Exchange Commission, on Saturday, August 7, 2021

Tags: Boards of Directors, Disclosure, Diversity, ESG, Listing standards, NASDAQ, SEC, SEC rulemaking, Securities regulation

Statement by Commissioners Lee and Crenshaw on Nasdaq’s Diversity Proposals

Posted by Allison Herren Lee and Caroline Crenshaw, U.S. Securities and Exchange Commission, on Saturday, August 7, 2021

Tags: Boards of Directors, Disclosure, Diversity, ESG, Listing standards, NASDAQ, SEC, SEC rulemaking, Securities regulation

The Impact of DOJ’s Charges Against a Former Trump Advisor on Companies Working with Foreign Clients

Posted by Antonia M. Apps, Adam Fee, and Matthew Laroche, Milbank LLP, on Sunday, August 8, 2021

Tags: Anti-corruption, Disclosure, DOJ, FARA, FCPA, Lobbying, Section 951

The Missing Element of Private Equity

Posted by Ariel Babcock and Victoria Tellez, FCLTGlobal, on Sunday, August 8, 2021

Tags: Board composition, Boards of Directors, Diversity, ESG, Private equity

SPAC-Related Litigation Risks and Mitigation Strategies

Posted by Robert Malionek and Ryan Maierson, Latham & Watkins LLP, and Beth Junell, FTI Consulting, on Monday, August 9, 2021

Tags: Conflicts of interest, Cross-border transactions, Due diligence, IPOs, Merger litigation, Mergers & acquisitions, Safe harbor, SEC, SEC enforcement, Securities enforcement, Securities litigation, Securities regulation, SPACs

Labor in the Age of Finance

Posted by Sanford M. Jacoby (UCLA), on Monday, August 9, 2021

Tags: Corporate Social Responsibility, ESG, Financial regulation, Labor markets, Ownership, Pension funds, Securities regulation, Stakeholders, Unions

Considering a Culturally Congruent EESG and DEI Component in Incentive Plans

Posted by John D. England, Pay Governance LLP, on Monday, August 9, 2021

Tags: Bonuses, Corporate culture, Diversity, ESG, Executive Compensation, Incentives, Pay for performance

Companies are Trust Leaders. Here’s What That Means for Boards

Posted by Paul DeNicola, PricewaterhouseCoopers LLP, on Tuesday, August 10, 2021

Tags: Accountability, Board oversight, Boards of Directors, Corporate culture, Corporate Social Responsibility, Disclosure, ESG, Human capital, Reputation, Stakeholders

Are Enhanced Index Funds Enhanced?

Posted by Edwin J. Elton (NYU), Martin J. Gruber (NYU), and Andre B. de Souza (St. John’s University), on Tuesday, August 10, 2021

Tags: Asset management, Fund performance, Index funds, Institutional Investors, Mutual funds

Public Company Guide—Planning for Shareholder Engagement

Posted by David A. Bell, Ron C. Llewellyn and Katherine K. Duncan, Fenwick & West LLP, on Tuesday, August 10, 2021

Tags: Engagement, Institutional Investors, Proxy advisors, Proxy season, Shareholder activism, Shareholder voting

The SEC’s Cyber Priorities and Four Ways for Companies to Reduce Regulatory Risk

Posted by Avi Gesser, Johanna Skrzypczyk, and Suchita Mandavilli Brundage, Debevoise & Plimpton LLP, on Wednesday, August 11, 2021

Tags: Cybersecurity, Privacy, Risk, Risk disclosure, Risk management, SEC, SEC enforcement, Securities enforcement, Securities regulation

Early SEC Enforcement Trends from Chairman Gensler’s First 100 Days

Posted by Randall R. Lee, Julianne Landsvik, and Michael Welsh, Cooley LLP, on Wednesday, August 11, 2021

Tags: Cybersecurity, ESG, Insider trading, Rule 10b-5-1, SEC, SEC enforcement, Securities enforcement, SPACs, Whistleblowers

2021 Proxy Season Review: Shareholder Proposals on Environmental Matters

Posted by Marc Treviño, June M. Hu, and Joshua L. Levin, Sullivan & Cromwell LLP, on Wednesday, August 11, 2021

Tags: Boards of Directors, Climate change, Environmental disclosure, ESG, Proxy season, Shareholder proposals, Shareholder voting, Sustainability

A Deeper Dive Into Talent Management: The New Board Imperative

Posted by Paul DeNicola, PricewaterhouseCoopers LLP, on Thursday, August 12, 2021

Tags: Board composition, Boards of Directors, Disclosure, Diversity, ESG, Human capital, Labor markets, Management, Securities regulation, Succession

2021 Proxy Season Trends: Proxy Advisory Firms

Posted by Pamela Marcogliese, Lori Goodman, and Elizabeth Bieber, Freshfields Bruckhaus Deringer LLP, on Thursday, August 12, 2021

Tags: Board composition, Boards of Directors, Diversity, ESG, Glass Lewis, Institutional Investors, ISS, Proxy advisors, Proxy season, Proxy voting, Shareholder voting

Moving the Needle on DEI in the Workplace

Posted by Michael Delikat, Tierra D. Piens, and Rudi-Ann Miller, Orrick, Herrington & Sutcliffe LLP, on Thursday, August 12, 2021

Tags: Boards of Directors, Corporate culture, Diversity, ESG, Human capital, Labor markets

Weekly Roundup: August 6–12, 2021