Weekly Roundup: February 4-10, 2022

Weekly Roundup
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This roundup contains a collection of the posts published on the Forum during the week of February 4-10, 2022.

How Cyberattacks Target Stakeholders

Posted by Meredith Griffanti, Evan Roberts, and Josh Chodor, FTI Consulting, on Friday, February 4, 2022

Tags: Cryptocurrency, Cybersecurity, Privacy, Ransomware, Risk disclosure, Risk management, Stakeholders

ESG Engagement Success

Posted by Hannah Orowitz, Georgeson, on Friday, February 4, 2022

Tags: Engagement, ESG, Institutional Investors, Proxy advisors, Shareholder activism, Shareholder voting, Stakeholders

Navigating a World Where Almost Everyone Is an Activist

Posted by James E. Langston, Kyle A. Harris, and Claire Schupmann, Cleary Gottlieb Steen & Hamilton LLP, on Saturday, February 5, 2022

Tags: Climate change, Engine No. 1, ESG, Institutional Investors, Shareholder activism, Shareholder proposals, Shareholder voting, Stakeholders, Sustainability

Statement by Chair Gensler on Money Market Funds, Open-End Bond Funds, and Hedge Funds

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Saturday, February 5, 2022

Tags: Bonds, Form PF, Hedge funds, Liquidity, Money market funds, SEC, Securities regulation, Systemic risk

Court of Chancery Opens Door to Entire Fairness Review of SPAC Mergers

Posted by Alan Stone, Neil Whoriskey, and Scott Golenbock, Milbank LLP, on Sunday, February 6, 2022

Tags: Board independence, Boards of Directors, Conflicts of interest, Delaware cases, Delaware law, Fairness review, Merger litigation, Mergers & acquisitions, SPACs

The Push to Net Zero Emissions: Where the Board Comes In

Posted by Maria Castañón Moats and Tracey-Lee Brown, PricewaterhouseCoopers LLP, on Sunday, February 6, 2022

Tags: Board oversight, Boards of Directors, Climate change, Environmental disclosure, ESG, Sustainability

M&A Predictions for 2022

Posted by Ethan Klingsberg, Freshfields Bruckhaus Deringer LLP, on Monday, February 7, 2022

Tags: Covenants, International governance, Merger litigation, Mergers & acquisitions, Securities regulation, SPACs, Special purpose vehicles

Why Piketty’s Plea to Limit Shareholder Power Won’t Reduce Inequality

Posted by Michael Schouten (University of Amsterdam), on Monday, February 7, 2022

Tags: ESG, Institutional Investors, Long-Term value, Shareholder primacy, Shareholder voting, Short-termism, Stakeholders, Sustainability, Thomas Piketty

Activism Landscape Continues To Evolve

Posted by Richard J. Grossman, Neil P. Stronski, and Demetrius A. Warrick, Skadden, Arps, Slate, Meagher & Flom LLP, on Monday, February 7, 2022

Tags: ESG, Index funds, Institutional Investors, Mergers & acquisitions, Shareholder activism, Shareholder voting, SPACs, Universal proxy ballots

2021 Corporate Governance Practices: A Comparison of Large Public Companies and Silicon Valley Companies

Posted by David A. Bell and Ron C. Llewellyn, Fenwick & West LLP, on Tuesday, February 8, 2022

Tags: Board composition, Boards of Directors, Classified boards, Diversity, Dual-class stock, Executive ownership, Majority voting, Outside directors, Public firms, Shareholder proposals, Surveys, Tech companies

Three Questions Compensation Committees Should Ask About ESG

Posted by Mark Emanuel and Greg Arnold, Semler Brossy Consulting Group, LLC, on Tuesday, February 8, 2022

Tags: Boards of Directors, Compensation committees, Diversity, ESG, Executive Compensation, Incentives, Pay for performance, Performance measures

Why the Corporation Locks in Financial Capital but the Partnership Does Not

Posted by Richard Squire (Fordham University), on Tuesday, February 8, 2022

Tags: Control rights, Corporate forms, Freezeouts, Partnerships, Payouts

Private Equity: 2021 Year in Review and 2022 Outlook

Posted by Steven A. Cohen, Karessa L. Cain, and Alon B. Harish, Wachtell, Lipton, Rosen & Katz, on Wednesday, February 9, 2022

Tags: Antitrust, Disclosure, ESG, Mergers & acquisitions, Private equity, SPACs, Taxation

Delaware’s Copycat: Can Delaware Corporate Law Be Emulated?

Posted by Ido Baum (Haim Striks School of Law) and Dov Solomon (Ramat Gan Law School), on Wednesday, February 9, 2022

Tags: Delaware articles, Delaware law, International governance, Israel, Jurisdiction, Merger litigation, Mergers & acquisitions, State law

Investors Press for Progress on ESG Matters

Posted by Marc S. Gerber and Raquel Fox, Skadden, Arps, Slate, Meagher & Flom LLP, on Wednesday, February 9, 2022

Tags: Board oversight, Boards of Directors, Climate change, Diversity, ESG, Institutional Investors, Proxy advisors, Proxy voting, SEC, Securities regulation, Stakeholders, Sustainability

Statement by Chair Gensler on Cybersecurity Reforms in the Investment Management Industry

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Thursday, February 10, 2022

Tags: Cybersecurity, Investment advisers, Risk, Risk disclosure, SEC, Securities regulation

Statement by Commissioner Peirce on Private Fund Advisers Proposal

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Thursday, February 10, 2022

Tags: Accredited investors, Hedge funds, Institutional Investors, Investor protection, Private funds, Retail investors, SEC, Securities regulation

Statement by Chair Gensler on Private Fund Advisers Proposal