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

Section 13(r) Disclosure Guidance for Public Companies

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Thursday, February 21, 2013

Starting in February 2013, the Iran Threat Reduction and Syria Human Rights Act (the “Threat Reduction Act”) will impose new reporting requirements on U.S. domestic and foreign companies that are required to file reports with the U.S. Securities and Exchange Commission (the “SEC”) pursuant to Section 13(a) of the Securities Exchange Act of 1934 (the […]

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Performance Metrics and Their Link to Value

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Wednesday, February 20, 2013

The State Board of Administration (SBA) sponsored an executive compensation research study by Farient Advisors LLC, covering 1,800 companies, 24 Industry groups, and fourteen years of data (from 1998-2011). The research project identifies the primary metrics used in executive compensation plans, overall and by industry, company size, and valuation premiums, and then tests these metrics […]

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Bank Regulation with Private-Party Risk Assessments

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Wednesday, February 20, 2013

Triggered by the recent financial crisis, the regulation of banks has gained new traction among academics, regulators, and politicians. One of the key challenges in effective regulation is time inconsistency of regulation. While a regulator would like to commit not to bail out banks in order to set the right ex-ante incentives, this threat is […]

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NBIM Publishes Corporate Governance Note

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Tuesday, February 19, 2013

The Oslo-based Norges Bank Investment Management (NBIM), which manages the USD 650 billion Government Pension Fund Global, has published a discussion note setting out its expectations on corporate governance in equities it owns around the world. In particular, the firm outlines reasons it concentrates ownership resources on board accountability and equal treatment of shareholders. In […]

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Posted in Institutional Investors, International Corporate Governance & Regulation, Practitioner Publications | Tagged , , , | 1 Comment

Time for Self-Reflection and Pragmatism in the Boardroom

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Tuesday, February 19, 2013

The recent study by the well-respected women business leadership group The Boston Club, in their Census of Women Directors and Executive Officers in Massachusetts Public Companies exposed “We are frustrated by the large numbers of companies that persist in ignoring the business imperative for a diverse board.” The diversity quotient is indeed problematic as the […]

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The JOBS Act: Lessons from the First Nine Months

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Monday, February 18, 2013

Nine months have passed since the Jumpstart Our Business Startups Act (the JOBS Act), a package of legislative measures intended to ease regulatory burdens on smaller companies and facilitate public and private capital formation, was signed into law. While certain portions of the JOBS Act have yet to be implemented pending SEC rulemaking, the provisions […]

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Posted in Legislative & Regulatory Developments, Practitioner Publications, Securities Regulation | Tagged , , , | 1 Comment

Lessons from a Jury Trial

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Monday, February 18, 2013

A recent Yale Law Journal article describes a “striking trend in the administration of civil justice in the United States”—“the virtual abandonment of the centuries-old institution of trial.” In recent times, only approximately 1% of federal civil cases end in jury trials. Deep-pocketed companies often settle before trial because they fear that jurors will sympathize […]

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Posted in Banking & Financial Institutions, Court Cases, Practitioner Publications | Tagged , , , | 1 Comment

Hedge Fund Activism Canadian Style

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Monday, February 18, 2013

Hedge funds first began engaging in the assertive form of shareholder activism for which they are renowned in the United States, and the United States is where hedge fund activism has become most firmly entrenched as part of the corporate governance landscape. Nevertheless, hedge fund activism is a global phenomenon, with companies in numerous countries […]

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Benefits Trust and Walgreens Collaborate on Political Spending Disclosure

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Sunday, February 17, 2013

The UAW Retiree Medical Benefits Trust (Trust) and leading drugstore chain Walgreen Co. (Walgreens) recently announced an agreement to a multi-year collaboration in which the company would develop a best practice policy approach to corporate political spending and lobbying activities. A product of constructive dialogue between the Trust and Walgreens, the agreement highlights the utility […]

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

Acquisition Financing: The Year Behind and the Year Ahead

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Saturday, February 16, 2013

Just like 2007… and not much like it at all. So it was in the financing markets in 2012. Capital flowed to non-investment grade issuers in amounts reminiscent of the earlier time. However, those issuers mainly seized upon rising debt investor confidence in order to consummate refinancings, repricings and dividend recapitalizations, while the banks that […]

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