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

Finding Common Ground on Environmental and Social Metrics

Investors and companies are both increasingly interested in sustainability issues. These issues typically revolve around environmental and social factors that have real but potentially long-term or contingent impacts on corporate financial value. This, in turn, makes traditional accounting metrics less valuable in assessing sustainability issues than in analysis of many other business issues. Therefore, both […]

Click here to read the complete post
Posted in Academic Research, Corporate Social Responsibility, Institutional Investors | Tagged , , , | Comments Off on Finding Common Ground on Environmental and Social Metrics

Proposed Initiatives May Affect Capital Formation and Public Reporting Requirements

Recent regulatory and legislative initiatives relating to capital formation and public reporting requirements, if implemented, would have a significant effect on privately held companies and publicly traded small and emerging businesses. Although the ultimate outcomes and timing of these initiatives are unknown, we expect at least some of them to be adopted in 2012. Because […]

Click here to read the complete post
Posted in Accounting & Disclosure, Legislative & Regulatory Developments, Practitioner Publications, Private Equity, Securities Regulation | Tagged , , , , | 1 Comment

Predicting Future Merger Activity

I’m frequently asked to explain merger activity and to predict the level of future merger activity. In part in response to these requests and in part as the consequence of a long career of advising as to mergers, I’ve identified many of the factors that determine merger activity, but a complete catalog is beyond me […]

Click here to read the complete post
Posted in Mergers & Acquisitions, Practitioner Publications | Tagged | Comments Off on Predicting Future Merger Activity

The Effectiveness of Institutional Investors in Evaluating Analysts

In the paper, The Effectiveness of Institutional Investors in Evaluating Analysts, which was recently made publicly available on SSRN, we examine the effectiveness of institutional investors in evaluating analysts by comparing the performance of recommendations made by AAs—star analysts elected by institutional investors—with those made by other analysts. We ask four related questions. First, does […]

Click here to read the complete post
Posted in Academic Research, Empirical Research, Institutional Investors | Tagged , , , | Comments Off on The Effectiveness of Institutional Investors in Evaluating Analysts

Allison Bennington Joins PCG’s Advisory Board

The Forum is pleased to announce that Allison A. Bennington, General Counsel and a Partner of ValueAct Capital, joined the Advisory Board of the Harvard Law School Program on Corporate Governance. She joins the existing members of the Board: William Ackman, Peter Atkins, Joseph Bachelder, Richard Breeden, Richard Climan, Isaac Corré, John Finley, Stephen Fraidin, […]

Click here to read the complete post
Posted in Program News & Events | Tagged , | Comments Off on Allison Bennington Joins PCG’s Advisory Board

Delaware Court Considers Conflicts of Interest in M&A

On February 29, 2012, Chancellor Strine of the Delaware Court of Chancery issued an opinion that is highly critical of the sale process run by El Paso Corporation in connection with its $21.1 billion acquisition by Kinder Morgan, Inc. See In re El Paso Corporation Shareholder Litigation, No. 6949-CS (Delaware Court of Chancery). The Court […]

Click here to read the complete post
Posted in Court Cases, Mergers & Acquisitions, Practitioner Publications | Tagged , , | Comments Off on Delaware Court Considers Conflicts of Interest in M&A

Unintended Consequences of the STOCK Act

On February 16, 2012, the House of Representatives sent its version of the Stop Trading on Congressional Knowledge Act (the “STOCK Act”) to the Senate for reconciliation. Although it remains to be seen how the two bodies will resolve their differences, the core of the legislation will amend the securities laws to forbid members of […]

Click here to read the complete post
Posted in Legislative & Regulatory Developments, Practitioner Publications, Securities Regulation | Tagged , , , , | 1 Comment

Globalizing the Boardroom

In the paper, Globalizing the Boardroom – The Effects of Foreign Directors on Corporate Governance and Firm Performance, forthcoming in the Journal of Accounting and Economics as published by Elsevier we examine independent directors of U.S. firms who are based in foreign countries, and investigate how their geographic location affects their ability to perform their […]

Click here to read the complete post
Posted in Academic Research, Boards of Directors, Empirical Research, International Corporate Governance & Regulation | Tagged , , , | 1 Comment

What’s Next for the Volcker Rule?

The Volcker Rule has been only a skeleton in statutory form, but now is beginning to take shape as proposed regulations would flesh out its requirements. Now that the comment period on the proposed regulations has ended, a survey of the substantive suggestions for change displays a variety of approaches, but at least the financial […]

Click here to read the complete post
Posted in Banking & Financial Institutions, Financial Crisis, Financial Regulation, Practitioner Publications, Securities Regulation | Tagged , , , , , | 3 Comments

March 2012 Dodd-Frank Progress Report

This posting, the March 2012 Davis Polk Dodd-Frank Progress Report, is the twelfth in a series of Davis Polk presentations that illustrate graphically the progress of the rulemaking work that has been done and is yet to occur under the Dodd-Frank Act. The Progress Report has been prepared using data from the Davis Polk Regulatory […]

Click here to read the complete post
Posted in Financial Regulation, Practitioner Publications, Securities Regulation | Tagged , , , , , | Comments Off on March 2012 Dodd-Frank Progress Report