Weekly Roundup: March 1-7, 2024

This roundup contains a collection of the posts published on the Forum during the week of March 1-7, 2024

Cybersecurity Disclosure Report

Posted by Neil McCarthy, James Palmiter, and G. Michael Weiksner, DragonGC, on Friday, March 1, 2024

Tags: cyber disclosure, Cybersecurity, Form 10-K, incident reporting, Regulation S-K, Risk management, shareholder engagement

SEC set to adopt climate disclosure rules on March 6

Posted by Michael Littenburg and Marc Rotter, Ropes & Gray LLP, on Saturday, March 2, 2024

Tags: Climate Disclosure, climate risk, Financial disclosures, GHG, SEC

Looking ahead: The audit committee agenda in 2024

Posted by Maureen Bujno, Bob Lamm, and Krista Parsons, Deloitte Touche Tohmatsu Limited, on Sunday, March 3, 2024

Tags: 2024, Agenda, Artificial intelligence, Audit committee, FASB, PCAOB, Risk, SEC, talent

Fiduciary Duties of Controller Exercising Stockholder-Level Powers to Block Board Action

Posted by Gail Weinstein, Philip Richter, and Steven Steinman, Fried, Frank, Harris, Shriver & Jacobson LLP, on Monday, March 4, 2024

Tags: Board of Directors, Bylaw, Controller, Delaware Court of Chancery, Fiduciary duties, standard of review, voting power

Minimum Capital and Cross-Border Firm Formation in Europe

Posted by Martin Gelter, Fordham University, on Monday, March 4, 2024

Tags: Centros, cross-border firm formation, legal capital, minimum capital, regulatory arbitrage, Startups

Post-Doctoral and Doctoral Corporate Governance Fellowships

Posted by Anna Restuccia, Harvard Law School, on Monday, March 4, 2024

Final Rules on SPAC IPOs and De-SPACs

Posted by Charles J. Clark, David A. Curtiss, and Ele Klein, Schulte Roth & Zabel LLP, on Tuesday, March 5, 2024

Tags: De-SPACs, Final Rule, IPOs, SEC, SPACs, Special purpose acquisition companies, Underwriting

Creditors, Shareholders, and Losers In Between: A Failed Regulatory Experiment

Posted by Albert H. Choi and Jeffery Y. Zhang, University of Michigan, on Tuesday, March 5, 2024

Tags: 2008 Financial Crisis, Bailouts, Banks, Bonds, CoCo, Financial regulation

Time to rethink talent in the boardroom

Posted by Jo Iwasaki, Karen Edelman, and Yasmine Chahed, Deloitte Touche Tohmatsu Limited, on Tuesday, March 5, 2024

Tags: AI, Boardroom, Generative AI, talent, Talent agenda, Talent strategy

2023 Delaware Corporate Law and Litigation Year in Review

Posted by Amy Simmerman, Ryan Hart, and Angie Flaherty, Wilson Sonsini Goodrich & Rosati, on Wednesday, March 6, 2024

Tags: Activism, Advance Notice Bylaw, Corporate purpose, Delaware law, DGCL, dual-class structure, Duty of oversight, ESG, Fiduciary duties, M&A

Diverse Hedge Funds

Posted by Yan Lu (University of Central Florida), Narayan Naik (London Business School), and Melvyn Teo (Singapore Management University), on Wednesday, March 6, 2024

Tags: Behavioral biases, Capacity constraints, Diversity, Education, Ethnicity, Experience, gender, Homophily, Operational risk, Performance persistence, Race

Global Corporate Governance Trends for 2024

Posted by Rich Fields, Rusty O’Kelley, and Melissa Martin, Russell Reynolds Associates, on Wednesday, March 6, 2024

Tags: AI, Corporate governance, Diversity, ESG, Governance standards

Statement by Commissioner Crenshaw on Final Rules Regarding Mandatory Climate Risk Disclosures

Posted by Caroline A. Crenshaw, U.S. Securities and Exchange Commission, on Thursday, March 7, 2024

Tags: carbon emissions, Climate Risk Disclosure, disclosure requirements, Mandatory Disclosure, SEC

Statement by Commissioner Peirce on Final Rules Regarding Mandatory Climate Risk Disclosures

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Thursday, March 7, 2024