Weekly Roundup: October 1

This roundup contains a collection of the posts published on the Forum during the week of October 1–7, 2021.

Crises as Opportunities for Growth: The Strategic Value of Business Group Affiliation

Posted by Jason Zein (University of New South Wales), on Friday, October 1, 2021

Tags: Business groups, Capital markets, Emerging markets, Family firms, Financial crisis, International governance, Peer groups, Shocks

Key Takeaways From Recent SEC Cybersecurity Charges

Posted by Michael Osnato, Allison Bernbach, and William LeBas, Simpson Thacher & Bartlett LLP, on Friday, October 1, 2021

Tags: Broker-dealers, Cybersecurity, Investment Advisers Act, Privacy, Regulation S-P, SEC, SEC enforcement, SEC rulemaking, Securities enforcement

Chancery Court Decision on the “Effect of Termination” Provision

Posted by Gail Weinstein, Amber Banks (Meek), and Maxwell Yim, Fried, Frank, Harris, Shriver & Jacobson LLP, on Saturday, October 2, 2021

Tags: Acquisition agreements, Delaware cases, Delaware law, Liability standards, Merger litigation, Mergers & acquisitions, Misconduct, Termination

The HCM Funnel

Posted by Greg Arnold and Andrew Friedlander, Semler Brossy LLC, on Saturday, October 2, 2021

Tags: Boards of Directors, Disclosure, Diversity, ESG, Human capital, Stakeholders

SPAC Momentum Continues in Europe

Posted by Michael Levitt, Mark Austin, and Christoph Gleske, Freshfields Bruckhaus Deringer LLP, on Sunday, October 3, 2021

Tags: Capital formation, ESMA, EU, Europe, International governance, IPOs, Mergers & acquisitions, SPACs, UK

The Audit Committee’s Role in Sustainability/ESG Oversight

Posted by Stephen G. Parker, Tracey-Lee Brown, and Gregory Johnson, PricewaterhouseCoopers LLP, on Sunday, October 3, 2021

Tags: Audit committee, Boards of Directors, Climate change, Environmental disclosure, ESG, Oversight, Securities regulation, Stakeholders, Sustainability

Cybersecurity and Disclosures

Posted by Paul Ferrillo (Seyfarth Shaw LLP), Bob Zukis (USC Marshall School of Business), and George Platsis (Booz Allen Hamilton), on Monday, October 4, 2021

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

The Reliability of Your Company’s Carbon Footprint

Posted by Cydney S. Posner, Cooley LLP, on Monday, October 4, 2021

Tags: Audits, Climate change, Environmental disclosure, ESG, Stakeholders, Sustainability

Investors and Regulators Turning up the Heat on Climate-Change Disclosures

Posted by Jason Halper, Sara Bussiere and Timbre Shriver, Cadwalader Wickersham & Taft LLP, on Monday, October 4, 2021

Tags: Climate change, Environmental disclosure, ESG, EU, Information environment, International governance, SEC, Securities regulation, Stakeholders, Sustainability, UK

SPACs: A New Frontier for Shareholder Activism

Posted by Derek Zaba, Kai Liekefett, and Joshua G. DuClos, Sidley Austin LLP, on Tuesday, October 5, 2021

Tags: Capital formation, Institutional Investors, IPOs, Mergers & acquisitions, PIPE, Shareholder activism, SPACs, Special purpose vehicles

Director Pay Levels Were Flat Among the 100 Largest US Companies

Posted by Dan Laddin, Matt Vnuk, and Whitney Cook, Compensation Advisory Partners, LLC, on Tuesday, October 5, 2021

Tags: Board independence, Boards of Directors, Director compensation, Equity-based compensation

2021 ESG + Incentives Report

Posted by John Borneman, Tatyana Day, and Kevin Masini, Semler Brossy Consulting Group LLC, on Tuesday, October 5, 2021

Tags: Climate change, Diversity, ESG, Executive Compensation, Firm performance, Incentives, Long-Term value, Pay for performance, Performance measures, Sustainability

Dealing with Activist Hedge Funds and Other Activist Investors

Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Wednesday, October 6, 2021

Tags: Asset management, ESG, Hedge funds, Institutional Investors, Long-Term value, Shareholder activism, Shareholder value, Stakeholders, Sustainability

Testimony by Chair Gensler Before the United States House of Representatives Committee on Financial Services

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Wednesday, October 6, 2021

Tags: Artificial intelligence, Capital markets, Cryptocurrency, Derivatives, Financial technology, SEC enforcement, Securities enforcement, Securities regulation, SPACs, Swaps

Proposed Legislation to Address the Problem of Woke Corporations

Posted by Senator Marco Rubio (R-FL), on Wednesday, October 6, 2021

Tags: Climate change, Conflicts of interest, Corporate Social Responsibility, Diversity, ESG, Fiduciary duties, Securities regulation, Shareholder voting, Stakeholders, Sustainability, US Senate

CEO and Executive Compensation Practices in the Russell 3000 and S&P 500

Posted by Matteo Tonello, The Conference Board, and Olivia Tay, Semler Brossy Consulting Group, on Thursday, October 7, 2021

Tags: Bonuses, Compensation disclosure, Equity-based compensation, Executive Compensation, Management, Stock options

Investor Protection in an Age of Entrepreneurship

Posted by James Park (UCLA), on Thursday, October 7, 2021

Tags: Capital formation, Entrepreneurs, Investor protection, IPOs, Risk, SEC, Securities regulation, SPACs, Underwriting

ESG as the Driving Factor in Multi-Country Class Action Cases

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Thursday, October 7, 2021

Tags: Class actions, Climate change, Corporate liability, ESG, International governance, Misconduct, Money laundering, Securities litigation, Shareholder suits, Stewardship

Weekly Roundup: October 1–7, 2021