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

Statement by Commissioner Peirce on Adoption of Amendments to the Rules Governing Proxy Voting Advice

Thank you, Mr. Chair. I appreciate the staff’s diligence, graciousness, professionalism, and hard work throughout this rulemaking process. Staff’s valuable time, however, could have been put to better use. For example, staff could have worked immediately on addressing outstanding issues around proxy plumbing and, in several years, on conducting a retrospective review of the 2020 […]

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Twitter vs. Musk: The Complaint

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE TWITTER, INC., Plaintiff, v. ELON R. MUSK, X HOLDINGS I, INC., and X HOLDINGS II, INC., Defendants. Verified Complaint Plaintiff Twitter, Inc. (“Twitter”), by and through its undersigned counsel, as and for its complaint against defendants Elon R. Musk, X Holdings I, Inc. (“Parent”), and […]

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Posted in Mergers & Acquisitions, Practitioner Publications, Securities Litigation & Enforcement | Tagged , , , , , , , , | 2 Comments

Board Diversity Action Expands to Courtrooms, Regulators, and Investors

In the year since my colleague Fabrice Houdart wrote that LGBTQ+ inclusion in the boardroom is simply good governance, the board diversity landscape has heated up, become more complex, and provided glimpses into what the future may hold in this interesting area of corporate governance. Below are a few key themes that I expect will characterize […]

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SEC Requests Comment on Regulation of Information Providers Under the U.S. Investment Advisers Act

Summary On June 15, 2022, the Securities and Exchange Commission (the “SEC”) issued a request for information and public comment (the “Request for Comment”) on matters related to the activities of index providers, model portfolio providers and pricing services (referred to by the SEC as “information providers” or “providers”). The SEC states that the role […]

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How Issuers and Investors Can Find Common Ground on ESG

The global focus on climate change, alongside pandemic challenges and social justice movements, which helped highlight social concerns, have helped drive sustainability activities to the top of the agenda across the corporate world. As BNY Mellon discovered in a recent survey, investor pressure on issuers echoes these societal changes. Consequently, issuers and investors are increasingly […]

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Q2 2022 Audit Committee Newsletter: Helping You Prepare for Your Next Meeting

1. “Dear CFO” letter spotlights disclosures related to war in Ukraine The war in Ukraine continues to have a profound impact on business operations within the conflict zone as well as on markets worldwide. In May, the SEC’s Division of Corporation Finance issued an illustrative letter with sample comments the Division may issue to registrants, […]

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Poised for Change? Boardroom Diversity Survey

A premium on thinking differently Recent progress—and the continued push—toward greater boardroom diversity comes at a pivotal time for corporate America. The ability to challenge long-held assumptions; understand megatrends; and effectively calibrate strategy, risk, and talent in the context of heightened stakeholder expectations puts a premium on thinking differently. To better understand how directors view […]

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Short Selling Activism in Europe—A Strategic Communications Perspective

Companies under pressure In September 2020, the German anti-money laundering authority launched an investigation into the German financial services provider Grenke. Fueled by fears of a new Wirecard-style scandal, the authorities were looking into suspicious money laundering reports, alleged investment fraud, insider trading, and market manipulation. In subsequent days the story quickly spiraled out of […]

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The Data Story of Ukraine, Russia and Corporate Responses

The first quarter of 2022 presented a challenging communications terrain for business leaders as the Russian invasion of Ukraine shook markets, shattered supply chains and shocked the world. Within hours, it was clear that big businesses would have a huge role to play; what they did—and what they said about what they were doing—would shape […]

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How Gold Medal Boards Prioritize Their Time

Consciously or unconsciously, every board independently decides where it is going to focus its attention and efforts. We asked directors to reflect on their board agenda over the past 12 months and identify the top three areas where their full board has spent the most time, and we then ranked those items based on how […]

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Posted in Boards of Directors, Comparative Corporate Governance & Regulation, International Corporate Governance & Regulation, Practitioner Publications | Tagged , , , , , , , | Comments Off on How Gold Medal Boards Prioritize Their Time
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