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

Complexities of Capital Markets Regulation

We in America often remark that we are blessed by our geography. And there is no doubt that Qataris feel the same about this incredibly unique and beautiful country. In the United States during the post World War II era, our geographical position and natural resources helped our economy develop while others experienced severe disruptions, […]

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Initial 2013 Annual Meeting Results: Six Board Declassification Proposals Passed with Average Support of 79%

Editor’s Note: Professor Lucian Bebchuk is the Director of the Shareholder Rights Project (SRP), Scott Hirst is the SRP’s Associate Director, and June Rhee is Counsel at the SRP. The SRP, a clinical program operating at Harvard Law School, works on behalf of public pension funds and charitable organizations seeking to improve corporate governance at […]

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Unbundling Rules and Say-on-Pay Decisions in Apple Shareholder Case

On February 22, 2013, the United States District Court for the Southern District of New York enjoined Apple, Inc. from proceeding with a planned vote at its annual shareholders’ meeting on amendments to certain provisions of its articles of incorporation on the grounds that the proposed amendments, which were presented as a single matter to […]

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Comparability, Capital Market Benefits, and the Voluntary Adoption of IFRS

In our paper, Effects on Comparability and Capital Market Benefits of Voluntary Adoption of IFRS by US Firms: Insights from Voluntary Adoption of IFRS by Non-US Firms, which was recently made publicly available on SSRN, we examine whether voluntary adoption of IFRS is associated with an increase in comparability of accounting amounts and capital market […]

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The “Hindsight” Principle and Clients of Insolvent UK Brokers

The High Court in London has held that clients of insolvent UK brokers are entitled to a claim based on the value of their open positions as at the date of entry into administration or liquidation, rather than based on the value actually realised when those positions are closed. The “hindsight” principle – that where […]

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Limited Partner Performance and Maturing of the Private Equity Industry

Since the modification of the “Prudent Man” rule in 1978 that allowed institutional investors to allocate part of their portfolios to alternative assets, the private equity industry has changed substantially. In 1980, the largest fund raised was the Golder-Thoma $60 million dollar fund that invested in many different kinds of deals, including both venture capital […]

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CFTC’s Progress on Wall Street Reform

The New Era of Swaps Market Reform This hearing is occurring at an historic time in the markets. The CFTC now oversees the derivatives marketplace — across both futures and swaps. The marketplace is increasingly shifting to implementation of the common-sense rules of the road for the swaps market that Congress included in the Dodd-Frank […]

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Target CEO Retention in Acquisitions Involving Private Equity Acquirers

In the paper, Does Target CEO Retention in Acquisitions Involving Private Equity Acquirers Harm Target Shareholders?, which was recently made publicly available on SSRN, we examine whether target shareholders are affected adversely when the target CEO is retained by the acquirer and if the effect differs when the acquisition involves a private equity firm. We […]

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EU Financial Transaction Tax Proposed for 11 Member States

The European Union Financial Transaction Tax (EU FTT) is back on the agenda. While only 11 EU member states will now apply the EU FTT, the effect is likely to be felt more widely. The Directive on the EU FTT that was originally proposed in September 2011 would have covered all 27 EU member states. […]

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Addressing Market Instability through Informed and Smart Regulation

As many of you know, I am now in my second term as an SEC Commissioner and this is my fifth time participating at SEC Speaks. During that time, I have served with three different SEC Chairmen, and a fourth is now in the works. It has been, and continues to be, a great privilege […]

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