Weekly Roundup: October 8

This roundup contains a collection of the posts published on the Forum during the week of October 8–14, 2021.

Corporate Liquidity Provision and Share Repurchase Programs

Posted by Craig M. Lewis and Joshua T. White (Vanderbilt University), on Friday, October 8, 2021

Tags: Capital allocation, Executive Compensation, Liquidity, Market conditions, Repurchases, Shareholder value

SEC Form 10-K Comments Regarding Climate-Related Disclosures

Posted by Brian V. Breheny, Raquel Fox and Jeongu Gim, Skadden, Arps, Slate, Meagher & Flom LLP, on Friday, October 8, 2021

Tags: Climate change, Disclosure, Environmental disclosure, ESG, Form 10-K, SEC, SEC rulemaking, Securities regulation, Sustainability

Data Governance Tips for Companies Following SEC’s In re App Annie

Posted by David Feder, Tyler Newby and James Koenig, Fenwick & West LLP, on Saturday, October 9, 2021

Tags: Confidentiality, Cybersecurity, Disclosure, Privacy, SEC, SEC enforcement, Securities enforcement, Securities regulation

New York Court on the Enforcement of Federal Forum Provision

Posted by Andrew J. Ehrlich, Brad S. Karp, and Audra J. Soloway, Paul, Weiss, Rifkind, Wharton & Garrison LLP, on Saturday, October 9, 2021

Tags: Forum selection, Jurisdiction, New York, Securities Act, Securities litigation, State law

Questions to Ask Before Forming a New Board Committee

Posted by Paul DeNicola, PricewaterhouseCoopers LLP, on Sunday, October 10, 2021

Tags: Board dynamics, Board oversight, Board performance, Boards of Directors, Cybersecurity, ESG

Crisis Management in the Era of “No Normal”

Posted by Paul Washington and Lindsay Beltzer, The Conference Board, on Monday, October 11, 2021

Tags: Boards of Directors, COVID-19, ESG, Management, Risk, Risk management, Risk oversight, Shocks, Succession

Should SPAC Forecasts be Sacked?

Posted by Michael Dambra (SUNY at Buffalo), Omri Even-Tov (University of California at Berkeley), and Kimberlyn George (University of California at Berkeley), on Monday, October 11, 2021

Tags: Capital formation, Forecasting, Investor protection, IPOs, Merger litigation, Mergers & acquisitions, PSLRA, Retail investors, Safe harbor, Securities litigation, Securities regulation, SPACs

2022 Proxy and Annual Report Season

Posted by Laura Richman, David Schuette, and Christina Thomas, Mayer Brown LLP, on Monday, October 11, 2021

Tags: Boards of Directors, Diversity, ESG, Human capital, Institutional Investors, Proxy advisors, Proxy season, Proxy voting, Securities regulation, Shareholder proposals, Virtual meetings

Mega-Cap and Large-Cap Consumer Companies Vary in Adoption of Governance Practices

Posted by Audra Cohen and Melissa Sawyer, Sullivan & Cromwell LLP, on Tuesday, October 12, 2021

Tags: Board composition, Board dynamics, Board performance, Boards of Directors, Director qualifications, Diversity, ESG, Management, Shareholder proposals, Shareholder voting

Banking-Crisis Interventions, 1257-2019

Posted by Andrew Metrick and Paul Schmelzing (Yale), on Tuesday, October 12, 2021

Tags: Bailouts, Banks, Failed banks, Financial institutions, Financial regulation, Risk management, Systemic risk

Sustainability Impact in Investor Decision-Making

Posted by David Rouch and Juliane Hilf, Freshfields Bruckhaus Deringer LLP, on Tuesday, October 12, 2021

Tags: Decision making, ESG, Institutional Investors, Long-Term value, Shareholder value, Stakeholders, Sustainability

Just Say No? Shareholder Voting on Securities Class Actions

Posted by Albert H. Choi (University of Michigan), Stephen J. Choi (NYU), and Adam C. Pritchard (University of Michigan), on Wednesday, October 13, 2021

Tags: Class actions, Institutional Investors, PSLRA, Rule 10b-5, Securities fraud, Securities litigation, Shareholder voting