Weekly Roundup: December 10–16, 2021

Posted by the Harvard Law School Forum on Corporate Governance, on
Friday, December 17, 2021

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This roundup contains a collection of the posts published on the Forum during the week of December 10–16, 2021.

No More Old Boys’ Club: Institutional Investors’ Fiduciary Duty to Advance Board Gender Diversity

Posted by Anat Alon-Beck (Case Western Reserve Universty), Michal Agmon-Gonnen (Tel Aviv University) and Darren Rosenblum (McGill University), on Friday, December 10, 2021

Tags: Board composition, Boards of Directors, Director qualifications, Disclosure, Diversity, ESG, Fiduciary duties, Institutional Investors

Remarks by Chair Gensler Before the Healthy Markets Association Conference

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Friday, December 10, 2021

Tags: Capital formation, Disclosure, Investor protection, IPOs, Mergers & acquisitions, Securities enforcement, Securities regulation, SPACs, Special purpose vehicles

SPACs Face Legislative Scrutiny

Posted by Carlos Juarez, Mayer Brown LLP, on Saturday, December 11, 2021

Tags: Capital formation, IPOs, Mergers & acquisitions, Risk disclosure, Safe harbor, Securities regulation, SPACs, Special purpose vehicles

Damages Awards Based on Controller’s Reliance on Outside Counsel’s Legal Opinion

Posted by Gail Weinstein, Mark H. Lucas, David L. Shaw, Fried, Frank, Harris, Shriver & Jacobson LLP, on Saturday, December 11, 2021

Tags: Controlling shareholders, Delaware cases, Delaware law, Going private, Merger litigation, Mergers & acquisitions, Securities litigation

Silicon Valley and S&P 100: A Comparison of 2021 Proxy Season Results

Posted by David A. Bell and Ron C. Llewellyn, Fenwick & West LLP, on Sunday, December 12, 2021

Tags: Boards of Directors, Institutional Investors, Proxy season, Proxy voting, Say on pay, Shareholder proposals, Shareholder voting, Tech companies

Directors Challenged to Respond to New DOJ Corporate Fraud Initiative

Posted by Michael W. Peregrine, McDermott Will & Emery LLP, on Monday, December 13, 2021

Tags: Accountability, Boards of Directors, Compliance & ethics, Corporate crime, Director liability, Disclosure, DOJ, Liability standards, Misconduct, Risk, Securities enforcement

Stocks for the Long Run? Evidence from a Broad Sample of Developed Markets

Posted by Aizhan Anarkulova (University of Arizona), Scott Cederburg (University of Arizona), and Michael S. O’Doherty (University of Missouri), on Monday, December 13, 2021

Tags: Capital markets, Equity capital, Index funds, Investor horizons, Long-Term value, Shareholder value

DOL Proposed Investment/Proxy ERISA Regulations

Posted by Andrew L. Oringer, Steven W. Rabitz, and Naina G. Kamath, Dechert LLP, on Monday, December 13, 2021

Tags: Climate change, DOL, ERISA, ESG, Fiduciary rule, Institutional Investors, Joe Biden, Proxy voting, Retirement plans, Securities regulation, Shareholder voting, Sustainability

Keeping Pace with the Climate Transition

Posted by Carlo M. Funk, State Street Global Advisors, on Tuesday, December 14, 2021

Tags: Asset management, Climate change, Engagement, ESG, Index funds, Institutional Investors, Stewardship

ESG: Hyperboles and Reality

Posted by George Serafeim (Harvard Business School), on Tuesday, December 14, 2021

Tags: Climate change, Divestitures, Environmental disclosure, ESG, Institutional Investors, Market reaction, Materiality, Signaling, Sustainability

Statement by Commissioners Peirce and Roisman on Chair Gensler’s Regulatory Agenda

Posted by Hester M. Peirce and Elad L. Roisman, U.S. Securities and Exchange Commission, on Tuesday, December 14, 2021

Tags: Capital formation, Cryptocurrency, Investor protection, Proxy advisors, SEC, SEC rulemaking, Securities enforcement, Securities regulation, Shareholder proposals

SEC Adopts Mandatory Universal Proxy in Contested Elections

Posted by Cydney Posner, Cooley LLP, on Wednesday, December 15, 2021

Tags: Boards of Directors, Institutional Investors, Proxy contests, Proxy voting, SEC, SEC rulemaking, Securities regulation, Shareholder voting, Universal proxy ballots

The Corporate Director’s Guide to ESG

Posted by Maria Castañón Moats and Paul DeNicola, PricewaterhouseCoopers LLP, on Wednesday, December 15, 2021

Tags: Board composition, Boards of Directors, Disclosure, Diversity, Engagement, Environmental disclosure, ESG, Human capital, Institutional Investors, Materiality, Stakeholders

Remarks by Commissioner Crenshaw on Climate Pledges

Posted by Caroline A. Crenshaw, U.S. Securities and Exchange Commission, on Wednesday, December 15, 2021

Tags: Climate change, Environmental disclosure, ESG, Institutional Investors, Say on climate, SEC, SEC rulemaking, Securities regulation, Sustainability

Statement by Commissioner Roisman on Buybacks Disclosure Proposal

Posted by Elad L. Roisman, U.S. Securities and Exchange Commission, on Thursday, December 16, 2021

Tags: Capital allocation, Disclosure, Repurchases, SEC, SEC rulemaking, Securities regulation, Shareholder value

Statement by Commissioner Peirce on Buybacks Disclosure Proposal

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Thursday, December 16, 2021

Tags: Capital allocation, Disclosure, Repurchases, SEC, SEC rulemaking, Securities regulation

Statement by Chair Gensler on Buybacks Disclosure Proposal

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Thursday, December 16, 2021

Tags: Capital allocation, Disclosure, Repurchases, SEC, SEC rulemaking, Securities regulation, Shareholder valueg

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