Author Archives: Harvard Law School Forum on Corporate Governance and Financial Regulation

Regulatory Instability for Proxy Advisory Firms

The latest developments in the SEC regulation of proxy advisory firms are good news for ISS and Glass Lewis, but they are a disappointment for proponents of conscientious and consistent rulemaking. The 2020 updates to proxy advisory rules were the result of a thorough process that was conducted by Commission staff across ten years and […]

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Remarks by Chair Gensler at Center for Audit Quality “Sarbanes-Oxley at 20: The Work Ahead”

Thank you for the kind introduction. It’s good to be with the Center for Audit Quality. As is customary, I’d like to note I am speaking on behalf of myself and not on behalf of the Commission or the SEC staff. As I open my remarks today, I’d like to discuss a speech from a […]

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Financial Regulation, Corporate Governance, and the Hidden Costs of Clearinghouses

Recent financial market events have splashed onto the front pages of newspapers the often-overlooked plumbing found in those markets: the clearinghouses that handle trillions of dollars’ worth of securities and derivatives trades. During the Robinhood and GameStop events, the National Securities Clearing Corporation, a securities clearinghouse, played a critical role when it required Robinhood to provide […]

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Comment by Commissioners Peirce and Uyeda on the Financial Accounting Foundation Draft Strategic Plan

Thank you for the opportunity to comment on the Strategic Plan Draft for Public Comment (“Draft Plan”) of the Financial Accounting Foundation (“FAF”). We share the FAF’s commitment to independent, objective standard-setting for financial accounting and reporting. High quality financial accounting and reporting standards are central to the success of the United States’ capital markets. […]

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Inclusive Culture and DE&I: Gold Medal Boards Take the Lead

Around the globe, diversity, equity, and inclusion (DE&I) has grown to become a critically important boardroom topic given the increasing focus by legislatures, regulatory bodies, stock exchanges, investors, and the general public. Many of these stakeholders have enhanced their expectations around DE&I because of the growing body of research that shows improving DE&I results in […]

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Name That Boon: SEC Proposes Rules on ESG Fund Names & Disclosures

On May 25th, the SEC proposed two rules that seek to provide the market with greater clarity on how funds incorporate ESG factors into their investment activities. While the SEC’s prosed rules are directed at investment companies and mutual funds, other companies are likely to be impacted as well. The proposed rules were also released […]

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The Rapidly Changing World of Human Rights Regulation: A Resource for Investors

Key Takeaways The human rights regulatory landscape is changing rapidly, evolving from soft to hard law and with momentum towards mandatory due diligence. These changes are driven by jurisdictions responding to human rights challenges with the introduction and strengthening of mandatory disclosure legislation and import controls. Companies, and also increasingly investors, are subject to regulation […]

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Genuine Commitment and Explicit Net Zero Targets

As pressure mounts from stakeholders, sustainability has never been a bigger focus for boards. Investors, lawmakers, regulators, employees, and customers are all focused on sustainability, and often wonder if the board is doing enough to set up the company for long-term success in an increasingly sustainability-minded environment. Around the world—from regulators in Europe to the […]

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A Jam-Packed Spring 2022 Agenda for the SEC

The SEC has posted its Spring 2022 Reg-Flex agenda and it’s crammed with pending and new rulemakings—and they’re all going to be proposed or adopted in October! (Ok, admittedly, that’s an exaggeration, but not much of one.) Here is the short-term agenda and here is the long-term agenda. According to SEC Chair Gary Gensler, the […]

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ESG Disclosure Trends in SEC Filings

The regulatory landscape for ESG disclosure by U.S. public companies faces potentially dramatic changes, with the Securities and Exchange Commission (“SEC”) proposing rules that would mandate comprehensive climate change disclosures and integrate key aspects of sustainability reporting with annual reports. Against this backdrop, White & Case surveyed the SEC filings of 50 companies in the […]

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Posted in Accounting & Disclosure, ESG, Institutional Investors, Practitioner Publications | Tagged , , , , , , | 1 Comment
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