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

ESG Factors and Antitrust

Recently, the World Economic Forum (“WEF”) released a Consultation Draft of proposed common standards for corporate disclosure of environmental, social, and governance (“ESG”) factors. The draft proposal highlights the need for a common framework from which to evaluate corporate actions and their impact on ESG factors. While it is unclear precisely which of the proposed […]

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Investors’ Expectations from the 2020 Proxy Season

For the past nine years, we have engaged governance specialists from a broad range of institutional investors to find out what they are focused on for the upcoming proxy season. This year they told us they want companies to more clearly explain how they are creating long-term value and competitive advantage. They are particularly interested […]

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The Persistent Effect of Initial Success: Evidence from Venture Capital

One of the distinctive features of private equity as an asset class has been long-term persistence in the relative performance of private equity partnerships. Kaplan and Schoar (2005) for example, find correlations of nearly 0.5 between the returns of one fund and the next within a given private equity firm. Among venture capital (VC) funds, […]

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Want to Join a Corporate Board? Here’s How

As scrutiny of public company leadership increases, corporations are feeling the pressure to get out ahead of criticism by examining and adjusting the makeup of their boards. This makes 2020 a great time for business leaders interested in joining corporate boards—including professionals from nontraditional backgrounds and underrepresented groups—to make the jump into one of these […]

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Carving Out IPO Protections

Thanks to a 2018 decision by the U.S. Supreme Court, the risk of IPO-related securities litigation has never been higher with class actions often brought by plaintiffs in both federal and state courts. With Congress not likely to act, alternatives are discussed which could eliminate liability under the Securities Act of 1933 for a company […]

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U.S. Investors’ Understanding of Workplace Policies and Practices and the Need to Change Them: Progress and Future Efforts

Under the rubric of “ESG” factors and notions such as “responsible,” “socially responsible,” “sustainable,” and “long-term” investment (and more recently, “impact” investment) increasing attention has been given to corporate conduct as it bears not only on the interests and concerns of investors but also of others whose lives and livelihoods—now and across future generations—are bound […]

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Posted in Academic Research, Accounting & Disclosure, Comparative Corporate Governance & Regulation, Corporate Social Responsibility, ESG | Tagged , , , , , , , , , | Comments Off on U.S. Investors’ Understanding of Workplace Policies and Practices and the Need to Change Them: Progress and Future Efforts

The Top 100 U.S. Class Action Settlements of All Time

Executive Summary During 2019, ISS Securities Class Action Services (ISS SCAS) recorded 101 approved monetary settlements filed in the United States (U.S.) valued at $3.17 billion, that are available for distribution to parties in each settlement. Only two settlements were large enough to qualify for the Top 100 list: Cobalt International Energy—$389.6 million Alibaba Group […]

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Why Ownership Concentration Matters

If the global economy was a chess game, few figures would be left standing at the center of the board, while others would be relegated to the role of by-standers, observing an increasing concentration of power in the hands of an ever-dwindling number of global players. Now let us imagine that the figures left standing […]

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Going the Distance

In my recently published book Going the Distance: Eurasian Trade and the Rise of the Business Corporation, 1400–1700 (published by Princeton University Press as part of its The Princeton Economic History of the Western World)  I explains why the business corporation first developed in the context of long-distance Eurasian trade, why around the year 1600, […]

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Proposed New Tier for Nasdaq Thinly Traded Securities

It’s well recognized that the equity markets work pretty well for companies that trade in high volumes, but companies with low trading volumes? Not so much. Thinly traded securities often face liquidity challenges, including wider spreads, higher transaction costs, fewer market makers and potential difficulties for investors that seek to unwind their positions. These issues […]

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