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

2011 Annual Corporate Governance Review

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Thursday, January 12, 2012

The past decade has been a whirlwind for corporate governance in America. Since 2001, we have witnessed a myriad of scandals, epic corporate failures and legislative and regulatory attempts to prevent more of the same. Early on it was the failure of firms such as Enron, WorldCom and Global Crossing. More recently, the failure of […]

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

Executive Compensation: What Will 2012 Bring?

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Thursday, January 12, 2012

Executive compensation continues to command the center stage in public discourse about corporate governance. In the context of a troubled worldwide economy, the focus on pay in the financial services industry— most prominently evidenced by the Occupy Wall Street movement— has led to increased scrutiny of executive compensation at all companies. As 2011 draws to […]

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Posted in Executive Compensation, Legislative & Regulatory Developments, Practitioner Publications | Tagged , , , , , | 2 Comments

Proposed Federal Rules Regarding Alternatives to Credit Ratings

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Wednesday, January 11, 2012

The Federal banking agencies have recently issued three notices of proposed rulemaking (and applicable related guidance) in connection with the implementation of Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). Section 939A generally requires that all Federal agencies remove from their regulations references to and requirements of reliance […]

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Posted in Legislative & Regulatory Developments, Practitioner Publications, Securities Regulation | Tagged , , , | 1 Comment

The Risk-Shifting Hypothesis

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Wednesday, January 11, 2012

In our paper, The Risk-Shifting Hypothesis: Evidence from Sub-Prime Organizations, which was recently presented at Harvard, we provide evidence consistent with risk-shifting in the lending behavior of a large subprime mortgage originator (New Century Financial Corporation) starting in 2004. This change follows the monetary policy tightening implemented by the Fed in the spring of 2004, […]

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Posted in Academic Research, Banking & Financial Institutions, Bankruptcy & Financial Distress, Empirical Research | Tagged , , , , | Comments Off on The Risk-Shifting Hypothesis

Bebchuk Leads SSRN’s 2011 Rankings

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Tuesday, January 10, 2012

Statistics released by the Social Science Research Network (SSRN) indicate that Professor Lucian Bebchuk continued in 2011 to lead SSRN ranks as he has done in each of the preceding four years. As of December 2011, Bebchuk ranked first among all law school professors (in all fields) in terms of both the number of citations […]

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Posted in Program News & Events | Tagged , | 1 Comment

Say-on-Pay Year Two: a Planning Primer

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Monday, January 9, 2012

For most companies 2011 was the first year for say-on-pay. The good news is that most emerged from the process unscathed. Only a relative handful (38 of the Russell 3000, including eight in the S&P 500) failed to receive majority support as of October, and those companies are part of a small number (157 and […]

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

The Consequences of Private Meetings with Investors

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Monday, January 9, 2012

Private meetings between executives and investors consume a significant amount of managerial time and offer investors a potentially unique window into a firm’s operations. In our paper, What Are We Meeting For? The Consequences of Private Meetings with Investors, which was recently made publicly available on SSRN, we investigate which funds meet privately with management and […]

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

Auditing in the Decade Ahead: Challenge and Change

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Sunday, January 8, 2012

Editor’s Note: James R. Doty is Chairman of the Public Company Accounting Oversight Board. This post is based on Chairman Doty’s remarks before the Canadian Public Accountability Board’s Audit Quality Symposium, which are available here. The views expressed in the post are those of Chairman Doty and should not be attributed to the PCAOB as […]

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Posted in Accounting & Disclosure, Legislative & Regulatory Developments, Regulators Materials, Speeches & Testimony | Tagged , , , , | 1 Comment

Tough Dilemmas for Companies on Campaign Spending

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Saturday, January 7, 2012

Editor’s Note: Ben W. Heineman, Jr. is a former GE senior vice president for law and public affairs and a senior fellow at Harvard University’s schools of law and government. This post is based on an article that appeared in the online edition of the Harvard Business Review. Work from the Program on Corporate Governance […]

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Say on Pay 2011: Proxy Advisors On Course for Hegemony

By Harvard Law School Forum on Corporate Governance and Financial Regulation | Published Friday, January 6, 2012

My colleagues, Jim Barrall and Alice Chung, and I have co-authored an article titled Say on Pay 2011: Proxy Advisors on Course for Hegemony. The article analyzes the results of the first year of mandatory Say on Pay advisory votes and discusses the implications of these results for Say on Pay advisory voting during the […]

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Posted in Corporate Elections & Voting, Executive Compensation, Practitioner Publications | Tagged , , , , , | 2 Comments
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