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

Friend or Foe? The Convergence of Private Equity and Shareholder Activism

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Saturday, March 21, 2020

The lines between shareholder activist strategies and traditional private equity strategies are starting to become blurred. Historically, private equity firms have adhered to the “rules of the road” set out by companies looking to explore strategic alternatives or realise monetisation events for their equity holders. The company, after approval from its board, engages a financial […]

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Key Issues for Directors Relating to COVID-19

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Saturday, March 21, 2020

As the world reacts to the COVID-19 pandemic, directors on corporate boards play a vital role in navigating the path forward. Key issues facing corporate directors include: Maintaining close contact with the CEO and working with management to ensure the safety and well-being of the company’s employees and other stakeholders as well as the public […]

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Engagement Priorities for 2020

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Friday, March 20, 2020

As a fiduciary investor, BlackRock undertakes all investment stewardship engagements and proxy voting with the goal of protecting and enhancing the long-term value of our clients’ assets. In our experience, sustainable financial performance and value creation are enhanced by sound governance practices, including risk management, oversight, and board accountability. 2020 Engagement Priorities We are committed […]

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Human Capital Management Disclosure

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Friday, March 20, 2020

Current law does not require much from a public company in the way of disclosing information concerning its workforce (its “human capital”) outside the C-suite or with respect to the philosophies, policies and practices it implements to select, oversee, nurture and develop that workforce (its system of “human capital management”). Under SEC disclosure requirements (Item […]

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Virtual Annual Meetings and Coronavirus

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Friday, March 20, 2020

With rising concerns around the spread of COVID-19 (“coronavirus”) in the United States and globally, in order to mitigate health risks, many public companies may consider adding a virtual component to the format of their annual shareholder meetings. In the United States, state law generally governs the availability of a virtual meeting format. At the federal level, […]

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Weekly Roundup: March 13-19, 2020

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Friday, March 20, 2020

Joint Venture Governance Index: Calibrating the Strength of Governance in Joint Ventures Posted by James Bamford, Geoff Walker, and Martin Mogstad, Water Street Partners LLC, on Friday, March 13, 2020 Tags: Board composition, Boards of Directors, Compliance & ethics, Corporate forms, ESG, Joint ventures, Surveys A Case of Mistaken Identity: Correcting the Record on EVA Posted by Subodh Mishra, Institutional Investor Services, Inc., […]

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Compensation Committee Guide 2020

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Thursday, March 19, 2020

Public company compensation committees continue to be challenged as they seek to approve compensation programs that directors believe will promote the sustainable long-term increase in value of a company, while taking into account all key constituent views to maximize investor support for those programs. In 2019, as the dialogue about corporate responsibility for Environmental, Social […]

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Diagnosing and Treating Coronavirus Risks in M&A Transactions

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Thursday, March 19, 2020

Novel coronavirus (COVID-19) continues to dominate headlines as confirmed cases of the virus escalate. As of March 2, 2020, the World Health Organization reported over 80,100 confirmed cases of the disease in China, and roughly another 8,800 elsewhere. These developments have led global markets to decline precipitously, local economies to suffer and governments to take […]

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Proposed Revisions to the Volcker Rule: Prohibitions and Restrictions with respect to Covered Funds

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Thursday, March 19, 2020

On January 30, 2020, the Federal Reserve Board issued a notice of proposed rulemaking and asked for comments on a proposed rule to simplify, streamline and tailor the “covered fund” provisions under the regulation implementing section 13 (commonly known as the “Volcker Rule”) of the Bank Holding Company Act (“BHC Act”) (the “Proposal”). The Proposal […]

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Impact of the Coronavirus on Public Disclosure and Other Obligations

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Wednesday, March 18, 2020

In December 2019, an outbreak of a new strain of coronavirus, COVID-19, emerged in Wuhan, China. Within weeks, despite efforts to contain the virus in China that included widespread shutdowns of cities and businesses, the number of those infected grew significantly, and beyond China’s borders. As of today, the coronavirus is reported to have spread […]

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