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

The Efficacy of Shareholder Voting

In the paper, The Efficacy of Shareholder Voting: Evidence from Equity Compensation Plans, which was recently made publicly available on SSRN, my co-authors (Christopher Armstrong of the University of Pennsylvania and Ian Gow of Harvard Business School) and I examine the efficacy of shareholder voting in effecting changes in corporate policy. We focus on the […]

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Posted in Academic Research, Empirical Research, Executive Compensation | Tagged , , , | 1 Comment

Final Rule on Designation of Systemically Important Companies

Recently, the Financial Stability Oversight Council (“Council”) unanimously approved a final rule (the “Final Rule”) and related interpretive guidance (the “Final Guidance”) under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), [1] regarding the designation of systemically important nonbank financial companies (often referred to as nonbank “SIFIs”). The Final Rule and Final Guidance […]

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Posted in Banking & Financial Institutions, Financial Crisis, Financial Regulation, Legislative & Regulatory Developments, Practitioner Publications | Tagged , , , , | 1 Comment

SEC Investigation Recognizes Individual’s Contribution

On March 19, 2012, the Securities and Exchange Commission (“SEC”) announced that it had credited the substantial cooperation of a former senior executive of an investment adviser in an investigation [1] by declining to take enforcement action against him. The SEC’s announcement can be found here. This is the first time the SEC has publicly […]

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The Revised EU and US Regulatory Frameworks for Commodity Derivatives

Users of commodity derivatives markets are now facing major changes under proposed European and US legislation. Stronger supervision of the commodity derivatives market is one of the key areas of the G20 regulatory reform agenda. In Europe, the European Commission is proposing to regulate the activities of a wider range of commodity derivatives traders through […]

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Posted in Derivatives, International Corporate Governance & Regulation, Practitioner Publications, Securities Regulation | Tagged , , , , , , | 1 Comment

Endogeneity and the Dynamics of Internal Corporate Governance

In our forthcoming Journal of Financial Economics paper, Endogeneity and the Dynamics of Internal Corporate Governance, we use a well-developed dynamic panel generalized method of moments (GMM) estimator to alleviate endogeneity concerns in two aspects of corporate governance research: the effect of board structure on firm performance and the determinants of board structure. It is […]

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ISS Influence on 2012 Shareholder Voting

Corporate America’s proxy season—when companies hold annual meetings and shareholders vote on various proposals submitted to them on proxy statements—is now under way. As of March 15, 51 of the largest 200 companies by revenues, as ranked by Fortune magazine, had announced their annual meetings and mailed proxy materials to shareholders. Of those companies, 11 […]

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Posted in Corporate Elections & Voting, Practitioner Publications | Tagged , , , , , , , | 1 Comment

Proposals for Auditor Independence and Audit Firm Rotation

It is an honor for me to participate in the Public Company Oversight Board’s public meeting to discuss proposals to enhance auditor independence, objectivity and professional skepticism, including the potential of imposing rules setting a maximum term limit for audit relationships. Sadly, many people in official Washington seem prepared to jettison the interests of investors […]

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Posted in Accounting & Disclosure, Financial Regulation, Legislative & Regulatory Developments, Practitioner Publications, Speeches & Testimony | Tagged , , , , , | 1 Comment

Securities Class Action Settlements

There were 65 court-approved securities class action settlements involving $1.4 billion in total settlement funds in 2011—the lowest number of approved settlements and corresponding total settlement dollars in more than 10 years, according to Securities Class Action Settlements—2011 Review and Analysis, an annual report by Cornerstone Research. The number of settlements approved in 2011 decreased […]

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Posted in Court Cases, Practitioner Publications, Securities Litigation & Enforcement | Tagged , | 1 Comment

Equity Risk Incentives and Corporate Tax Aggressiveness

In our forthcoming Journal of Accounting Research paper, Equity Risk Incentives and Corporate Tax Aggressiveness, we examine equity risk incentives as one determinant of corporate tax aggressiveness. As noted by Shevlin [2007], we have an incomplete understanding of why some firms are more tax aggressive than others. Prior accounting research finds that corporate tax avoidance […]

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Posted in Academic Research, Accounting & Disclosure, Empirical Research, Financial Regulation | Tagged , , , | 1 Comment

Giving Shareholders a Voice

Editor’s Note: Lucian Bebchuk is a Professor of Law, Economics, and Finance and Director of the Shareholder Rights Project (SRP) at Harvard Law School. This post is based on an op-ed article by Professor Bebchuk published today in the New York Times DealBook, available here. The post responds to a critique of the SRP’s activities […]

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