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

Private Equity Performance

In our recent NBER working paper, Private Equity Performance: What Do We Know?, my co-authors (Tim Jenkinson of the University of Oxford and Robert Harris of the University of Virginia) and I use a new research-quality data set of private equity fund-level cash flows from Burgiss. We refer to private equity as the asset class that […]

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Posted in Academic Research, Empirical Research, Institutional Investors, Private Equity | Tagged , , , , | 1 Comment

July 2012 Proxy Voting Fact Sheet

As say-on-pay (SOP) resolutions were being voted on during the 2012 proxy season, management nominees to boards of directors of U.S. public companies faced less opposition by investors. This and other data from nearly 2,500 annual general meetings (AGMs) held between January 1 and June 30 at Russell 3000 companies are discussed in the new […]

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Posted in Corporate Elections & Voting, Empirical Research, Executive Compensation, Practitioner Publications | Tagged , , , , | 1 Comment

Environmental, Social and Governance Investing by University Endowments

With more than $400 billion in combined assets under management, US college and university endowments constitute an important segment of institutional investors involved in sustainable and responsible investing – defined here as the explicit incorporation of environmental, social and corporate-governance (ESG) issues into investment decision-making and active-ownership activities. This study provides one of the most […]

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Posted in Corporate Social Responsibility, Empirical Research, Institutional Investors, Practitioner Publications | Tagged , , , , | 1 Comment

FCPA Whistleblower Lawsuits Under the Dodd-Frank Anti-Retaliation Provision

In recent months, two district courts have addressed the issue whether employees who claim they were retaliated against for internally reporting violations of the Foreign Corrupt Practices Act can bring a private civil lawsuit against their former employers under the Dodd-Frank anti-retaliation provision. Although both courts decided that the anti-retaliation provision of the Dodd-Frank Act […]

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Posted in Court Cases, Practitioner Publications, Securities Litigation & Enforcement, Securities Regulation | Tagged , , , , , , | Comments Off on FCPA Whistleblower Lawsuits Under the Dodd-Frank Anti-Retaliation Provision

Do Private Equity Fund Managers Earn Their Fees?

In our recent NBER working paper, Do Private Equity Fund Managers Earn Their Fees? Compensation, Ownership, and Cash Flow Performance, we use a large, proprietary database of private equity funds to study the links between the terms of private equity management contracts and the subsequent cash flow behavior and performance of the funds. The database is […]

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Posted in Academic Research, Empirical Research, Executive Compensation, Institutional Investors, Private Equity | Tagged , , , , | Comments Off on Do Private Equity Fund Managers Earn Their Fees?

Dealing With Activist Hedge Funds

The past ten years have seen a high and increasing level of activist campaigns. There have been more than 300 activist attacks on major companies during this period. Among the major companies that have been attacked are, P&G, McDonald’s, ITW, DuPont, Motorola, Target, Pepsi, Heinz, Kraft and Home Depot. There are more than 100 hedge […]

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Posted in Boards of Directors, Corporate Elections & Voting, Institutional Investors, Practitioner Publications | Tagged , , , , | 3 Comments

Sustainability Practices in 2012

According to a new study recently released by The Conference Board, U.S. corporations continue to lag far behind their counterparts in other developed economies—notably , the European Union and Japan—in transparency of environmental and social practices. In particular, the overall disclosure rate of this type of information by U.S. companies in the Russell 1000 is […]

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Posted in Corporate Social Responsibility, International Corporate Governance & Regulation, Practitioner Publications | Tagged , , , , , , | 1 Comment

SRP-Represented Investors Responsible for 36% of Successful 2012 Shareholder Proposals

Editor’s Note: Professor Lucian Bebchuk is the Director of the Shareholder Rights Project (SRP), and Scott Hirst is the SRP’s Associate Director. Any views expressed and positions taken by the SRP and its representatives should be attributed solely to the SRP and not to Harvard Law School or Harvard University. According to a recent news […]

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Posted in Corporate Elections & Voting, Program News & Events | Tagged , , , , | 1 Comment

Abolishing IPOs and Harnessing Private Markets in the Public Good

In my paper, Revisiting “Truth in Securities Revisited”: Abolishing IPOs and Harnessing Private Markets in the Public Good, I explore the possibility of doing away with initial public offerings. In their place, I propose an expanded system of company registration under which companies would have to trade in private markets for a seasoning period, with […]

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Posted in Academic Research, Institutional Investors, Securities Regulation | Tagged , , , , , | 2 Comments

Two-Year Dodd-Frank Progress Report

This posting, the Davis Polk Two-Year Anniversary Dodd-Frank Progress Report, is one in a series of Davis Polk presentations that graphically track the rulemaking required by the Dodd-Frank Act. The Progress Reports are prepared using data from the Davis Polk Regulatory Tracker™, an online subscription service offered by Davis Polk to help market participants understand […]

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Posted in Financial Regulation, Legislative & Regulatory Developments, Practitioner Publications, Securities Regulation | Tagged , , , , | Comments Off on Two-Year Dodd-Frank Progress Report