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

Comparing Corporate Governance Principles & Guidelines

Although discussions continue to be robust about effective corporate governance practices, review of the aspirational governance principles and guidelines issued by influential board, management and investor affiliated associations and pension funds indicates significant areas of agreement. Areas of apparent agreement include, for example, the appropriate voting standard in director elections (majority voting in uncontested elections […]

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Posted in Comparative Corporate Governance & Regulation, Practitioner Publications | Tagged , | 1 Comment

Banks and the Global Credit Crisis

In our paper, The Credit Crisis Around the Globe: Why Did Some Banks Perform Better?, forthcoming in the Journal of Financial Economics, we investigate the determinants of the relative stock return performance of large banks across the world during the period from the beginning of July 2007 to the end of December 2008. Our study […]

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Posted in Academic Research, Banking & Financial Institutions, Empirical Research, Financial Crisis, Financial Regulation, International Corporate Governance & Regulation | Tagged , , , , | Comments Off on Banks and the Global Credit Crisis

Executive Pay and the Financial Crisis: A Response to René Stulz

Editor’s Note: Below is the response by Professor Lucian Bebchuk to the opening statement of Professor René Stulz in an online debate between the two of them at a World Bank forum. The debate focused on the question: Has executive compensation contributed to the financial crisis? The moderator’s introduction to the debate is available here; […]

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Posted in Banking & Financial Institutions, Executive Compensation, Financial Crisis, Financial Regulation, HLS Research, Op-Eds & Opinions | Tagged , , | 1 Comment

CFTC Rule on Protection of Swap Collateral

In adopting final rules on the treatment of cleared swap customer collateral, the CFTC has taken a major step in defining the architecture of market-wide swap clearing, a key pillar of the Dodd-Frank Act’s derivatives reform. After receiving intense arguments for divergent types of collateral protection, the CFTC adopted the “legal segregation, operational commingling” (“LSOC”) […]

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Delaware Corporations Seek to Counter Forum Shopping

In response to concerns that the plaintiffs’ bar is rushing [1] to sue Delaware corporations “anywhere but Delaware,” to avoid the predictability and speed of Delaware courts and potentially to obtain larger settlements, 195 Delaware corporations (including Chevron, DIRECTV, Life Technologies and 24 other members of the S&P 500) have adopted or proposed adopting charter […]

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February 2012 Dodd-Frank Progress Report

This posting, the February 2012 Davis Polk Dodd-Frank Progress Report, is the eleventh 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 […]

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Posted in Financial Regulation, Practitioner Publications, Securities Regulation | Tagged , , | 1 Comment

The Flight Home Effect

In our paper, The Flight Home Effect: Evidence from the Syndicated Loan Market During Financial Crises, forthcoming in the Journal of Financial Economics,  we study whether lenders, when hit by shocks that negatively affect bank wealth in their home market, have a tendency to rebalance their portfolio away from international markets to their domestic market. […]

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Posted in Academic Research, Banking & Financial Institutions, Empirical Research, Financial Crisis, International Corporate Governance & Regulation | Tagged , , , | Comments Off on The Flight Home Effect

Should Your Board Have a Separate Risk Committee?

It is generally accepted that the full board has overall responsibility for risk oversight, mirroring the board’s responsibility for overseeing strategy. In deciding how to organize itself to oversee risk and risk management, the question arises as to whether the board should establish a separate risk committee. This article explores that question and provides examples […]

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Posted in Boards of Directors, Legislative & Regulatory Developments, Practitioner Publications | Tagged , , , , , , | 1 Comment

House Passes Its Version of STOCK Act

The U.S. House of Representatives passed by a vote of 417-2 its version of the STOCK Act, which, as you may know from our previous post, was introduced in response to the U.S. Senate’s passing its own version of the STOCK Act. Now that the House version has passed, we expect that the House and […]

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Cross Border Shareholder Class Actions Before and After Morrison

In our paper, Cross Border Shareholder Class Actions Before and After Morrison, we conduct an empirical inquiry into the effect of the Supreme Court’s 2010 decision in Morrison v. National Australia Bank on the competitiveness of US markets as a venue for listings by foreign issuers and trading in cross-listed stocks. Passed in the wake […]

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Posted in Court Cases, International Corporate Governance & Regulation, Practitioner Publications, Securities Litigation & Enforcement | Tagged , , , , | Comments Off on Cross Border Shareholder Class Actions Before and After Morrison