Weekly Roundup: August 2

This roundup contains a collection of the posts published on the Forum during the week of August 2–8, 2019.

A Catch 22 for Asset Managers

Posted by Jasmin Sethi, Sethi Clarity Advisers LLC, on Friday, August 2, 2019

Tags: Asset management, BlackRock, Diversity, Engagement, Index funds, Institutional Investors, Shareholder voting, SSgA, Transparency, Vanguard

Opportunities for Cross Border Cooperation in Regulation of Digital Assets

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, August 2, 2019

Tags: Cryptocurrency, Financial technology, Howey test, ICOs, International governance, Investor protection, Safe harbor, SEC, Securities regulation

Weeds & Words: A Quantitative Analysis of Cannabis Disclosure

Posted by Krista Bennatti-Roberts, Carol Hansell, and Harlan Tufford, Hansell LLP, on Saturday, August 3, 2019

Tags: Canada, Cannabis, Compliance and disclosure interpretation, Data science, Disclosure, Related parties, Risk, Risk disclosure, Small firms

Building a Climate Change Voting Policy

Posted by Subodh Mishra, Institutional Investor Services, Inc., on Saturday, August 3, 2019

Tags: Climate change, Disclosure, Engagement, Environmental disclosure, ESG, Firm performance, Institutional Investors, Institutional voting, Proxy advisors, Proxy voting, Risk disclosure, Shareholder proposals, Sustainability

Tesla’s Governance Record and ESG Monitoring

Posted by Eliot Caroom, Truvalue Labs, on Sunday, August 4, 2019

Tags: Accounting standards, Board independence, Boards of Directors, Elon Musk, ESG, Firm performance, Management, Managerial style, Mergers & acquisitions, SASB, Shareholder suits, Social media, Tesla

Upcoming Amendments to the DGCL

Posted by Matthew M. Greenberg, Taylor B. Bartholomew, and Christopher B. Chuff, Pepper Hamilton LLP, on Sunday, August 4, 2019

Tags: Board communication, Charter & bylaws, Corporate forms, Delaware law, DGCL, Partnerships, Safe harbor

Director Overboarding: Global Trends, Definitions, and Impact

Posted by Kosmas Papadopoulos, ISS Analytics, on Monday, August 5, 2019

Tags: Board dynamics, Board performance, Boards of Directors, Diversity, Institutional Investors, International governance, Overboarding, Proxy advisors, Stewardship

Working Hard or Making Work? Plaintiffs’ Attorneys Fees in Securities Fraud Class Actions

Posted by Stephen Choi (NYU), Jessica M. Erickson (University of Richmond), and Adam C. Pritchard (University of Michigan), on Monday, August 5, 2019

Tags: Agency costs, Attorneys’ fees, Class actions, Halliburton, PSLRA, Securities fraud, Securities litigation, Settlements, Shareholder suits, Shareholder value

The Case for Quarterly and Environmental, Social, and Governance Reporting

Posted by Sandra J. Peters, CFA Institute, on Monday, August 5, 2019

Tags: Disclosure, Earnings disclosure, Environmental disclosure, ESG, Incentives, Information environment, Investor protection, Reporting regulation, SEC, Securities regulation, Transparency

A Roadmap for President Trump’s Crypto-Crackdown

Posted by John Reed Stark, John Reed Stark Consulting LLC, on Tuesday, August 6, 2019

Tags: Banks, Bitcoin, Cryptocurrency, Donald Trump, Financial institutions, Financial regulation, Financial technology, ICOs, Money laundering

The Bond Villains of Green Investment

Posted by Cristina Banahan (ISS Corporate Solutions), on Tuesday, August 6, 2019

Tags: Bonds, Climate change, Credit risk, Environmental disclosure, ESG, Investor protection, Reputation, Risk, Securities regulation, Sustainability, Transparency

Appraisal Update: Unaffected Market Price Makes a Comeback

Posted by Roger Cooper and Mark McDonald, Cleary Gottlieb Steen & Hamilton LLP, on Tuesday, August 6, 2019

Tags: Appraisal rights, Delaware cases, Delaware law, Merger litigation, Mergers & acquisitions

France’s First Binding “Non” on Say-On-Pay

Posted by Irene Bucelli, Glass, Lewis & Co., on Wednesday, August 7, 2019

Tags: Boards of Directors, EU, Executive Compensation, France, International governance, Management, Say on pay, Shareholder voting

California Dreaming?

Posted by Darren Rosenblum (Pace University), on Wednesday, August 7, 2019

Tags: Boards of Directors, California, Corporate Social Responsibility, Diversity, Europe, Incentives, International governance, Securities regulation, State law

Diversified Portfolios Do Not Reduce Competition

Posted by Barbara Novick, BlackRock, Inc., on Wednesday, August 7, 2019

Tags: Common ownership, Executive Compensation, Incentives, Management, Ownership, Pay for performance, Say on pay

Spotlight on Boards

Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Thursday, August 8, 2019

Tags: Board oversight, Boards of Directors, Corporate culture, Engagement, ESG, Institutional Investors, Long-Term value, Management, Risk management, Sustainability

Employer Losses and Deferred Compensation

Posted by David I. Walker (Boston University), on Thursday, August 8, 2019

Tags: Equity-based compensation, Executive Compensation, Incentives, Taxation

Five Takeaways From the 2019 Proxy Season

Posted by Steve W. Klemash and Jamie C. Smith, EY Center for Board Matters, on Thursday, August 8, 2019

Tags: Board composition, Boards of Directors, Corporate Social Responsibility, Disclosure, Diversity, ESG, Institutional Investors, Sustainability

Weekly Roundup: August 2–8, 2019