-
Supported By:
Subscribe or Follow
Program on Corporate Governance Advisory Board
- Peter Atkins
- David Bell
- Kerry E. Berchem
- Richard Brand
- Daniel Burch
- Paul Choi
- Jesse Cohn
- Arthur B. Crozier Christine Davine
- Renata J. Ferrari
- Andrew Freedman
- Ray Garcia
- Byron Georgiou
- Joseph Hall
- Jason M. Halper William P. Mills
- David Millstone
- Theodore Mirvis
- Philip Richter
- Elina Tetelbaum
- Sebastian Tiller
- Marc Trevino Jonathan Watkins
- Steven J. Williams
HLS Faculty & Senior Fellows
Author Archives: Harvard Law School Forum on Corporate Governance and Financial Regulation
Transition Period for Swaps Pushout Rule
The OCC has published long-awaited guidance notifying federally-chartered insured depository institutions (“IDIs”) that it is prepared to grant applications to delay compliance with Section 716 of the Dodd-Frank Act (the “Swaps Pushout Rule”) for up to two years. [1] The Swaps Pushout Rule will become effective on July 16, 2013. A federally-chartered IDI [2] must […]
Click here to read the complete post
Posted in Banking & Financial Institutions, Financial Regulation, Legislative & Regulatory Developments, Practitioner Publications
Tagged Banks, Dodd-Frank Act, OCC, Swap pushout rule, Swaps
Comments Off on Transition Period for Swaps Pushout Rule
Private Equity Trends in 2012
We wish we could tell you something fascinating about what happened to the private equity industry in 2012. But it was just not that kind of year. Private equity deal volume was flat compared with 2011. New funds continued to be raised at a modest pace. There were no particularly interesting new developments in the […]
Click here to read the complete post
Posted in Practitioner Publications, Private Equity
Tagged Private equity
Comments Off on Private Equity Trends in 2012
White Collar and Regulatory Enforcement: Emerging Trends
Anyone watching white collar and regulatory enforcement developments unfold during 2012 knows that the government’s appetite for bringing huge cases against major companies, including massive fines, extensive remedial undertakings, and extended monitorships, has continued unabated. It is, admittedly, a gloomy picture, and most commentators (and law firms) have tended to outdo each other in stressing […]
Click here to read the complete postHow Costly Is Corporate Bankruptcy for Top Executives?
To what extent are CEOs filing for bankruptcy tainted by the bankruptcy event? On the one hand, the CEO bears a major responsibility for the firm going broke. After all, the filing might have been avoided if the CEO had managed to reduce firm leverage or otherwise reorganize debt claims in time to stay out […]
Click here to read the complete post
Posted in Academic Research, Bankruptcy & Financial Distress, Executive Compensation
Tagged Bankruptcy, Control rights, Executive Compensation, Executive turnover
Comments Off on How Costly Is Corporate Bankruptcy for Top Executives?
Harvard Convenes the Institutional Investors Roundtable
The Harvard Institutional Investor Roundtable convened last Thursday, January 24. This event brought together for a roundtable discussion the top governance officers of leading public pension funds, mutual funds, and other institutional investors, both from the US and from abroad. The institutions represented hold assets under management in excess of $14 trillion. Some academics, issuers, […]
Click here to read the complete postDelaware Supreme Court Upholds Board Compensation Decision
The Delaware Supreme Court upheld a Chancery Court determination that a board did not commit waste by consciously deciding to pay bonuses that were non-deductible under Section 162(m) of the Internal Revenue Code (Freedman v. Adams, Del. Supr., __ A.2d __, No. 230, 2012, Berger J. (Jan 14, 2013)). Unlike claims of gross negligence, claims […]
Click here to read the complete postOut of the Shadows and Into the Light
For the last four years, regulators and law makers have been focusing extraordinary efforts on ensuring that financial regulation is adequate to protect the financial system from risks emanating from the banking sector. However, it is only more recently that policy makers have turned their attention towards possible systemic risk related to entities which carry […]
Click here to read the complete post
Posted in Banking & Financial Institutions, Financial Regulation, International Corporate Governance & Regulation, Practitioner Publications
Tagged Banks, Financial policies, Financial regulation, FSB, International governance, Oversight, Securitization, Shadow banking, Systemic risk
Comments Off on Out of the Shadows and Into the Light
Assigning Value to Long-Term Incentive Pay
“Then you should say what you mean,” the March Hare went on. “I do,” Alice hastily replied; “at least—at least I mean what I say—that’s the same thing, you know.” “Not the same thing a bit!” said the Hatter. “You might just as well say that ‘I see what I eat’ is the same thing […]
Click here to read the complete postSelected Issues for Boards of Directors in 2013
In the years since the financial reporting scandals and the Sarbanes-Oxley Act of 2002, and in particular following the financial crisis and the Dodd-Frank Act of 2010, boards of directors have faced greater burdens and more intense scrutiny of their activities and performance. One manifestation of this has been pressure to change the role of […]
Click here to read the complete post
Posted in Boards of Directors, Practitioner Publications
Tagged Boards of Directors, General governance, Management
Comments Off on Selected Issues for Boards of Directors in 2013
The Evolution of Corporate Governance in Brazil
In the past decades the Brazilian economy has undergone major changes such as macroeconomic stability; achievement of investment grade status for the debt of the government and many individual firms; strong economic growth; and development of pension funds, which became major investors in public company shares. Significant changes were also observed in the stock market. […]
Click here to read the complete post
Posted in Academic Research, Accounting & Disclosure, Boards of Directors, International Corporate Governance & Regulation
Tagged Boards of Directors, Brazil, Disclosure, General governance, International governance, IPOs, Shareholder rights
Comments Off on The Evolution of Corporate Governance in Brazil