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

Toward Final Position Limit Rules on Certain Derivatives

Editor’s Note: The following post comes to us from Mark D. Young, partner in the Derivatives Regulation and Litigation practice at Skadden, Arps, Slate, Meagher & Flom LLP, and is based on a Skadden memorandum by Mr. Young, Prashina J. Gagoomal, and Timothy S. Kearns. On Tuesday, October 18, the U.S. Commodity Futures Trading Commission […]

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Posted in Derivatives, Legislative & Regulatory Developments, Securities Regulation | Tagged , , , | Comments Off on Toward Final Position Limit Rules on Certain Derivatives

The 2011 U.S. Director Compensation and Board Practices Report

The Conference Board, NASDAQ OMX and NYSE Euronext jointly released The 2011 U.S. Director Compensation and Board Practices Report, a benchmarking tool with more than 120 corporate governance data points searchable by company size (measurable by revenue and asset value) and industrial sectors. The report is based on a survey of public companies registered with […]

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Posted in Boards of Directors, Corporate Elections & Voting, Practitioner Publications | Tagged , , , , | 2 Comments

Voluntary Disclosures That Disavow the Reliability of Mandated Fair Value Information

U.S. and international accounting standards mandate recognition and/or disclosure of fair value information for an increasing number of items. Fair value estimates require judgment, introducing the possibility of biases in measurements, measurers, and/or models. In addition, unanticipated changes in market risk result in realized values differing from fair value estimates. Accompanying the shift to fair […]

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

The Volcker Rule Proposals on Bank Investments in Private Funds

On October 11th and 12th, the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency and the Securities and Exchange Commission (the “regulators”) proposed for comment implementing rules (the “Proposed Rules”) for Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Volcker Rule”). The Volcker […]

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Posted in Banking & Financial Institutions, Financial Crisis, Financial Regulation, Practitioner Publications, Private Equity, Securities Regulation | Tagged , , , , , | 1 Comment

Moving S&P 500 Companies Toward Board Declassification: Post-Proxy Season Update from the ACGI

Editor’s Note: Lucian Bebchuk and Scott Hirst are Professor of Law, Economics and Finance and Lecturer on Law, respectively, at Harvard Law School. Their earlier post about the work of the ACGI is available here. This post provides an updated overview of the outcomes resulting from the work by the American Corporate Governance Institute (ACGI) […]

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Posted in Boards of Directors, Corporate Elections & Voting, Institutional Investors, Program News & Events | Tagged , , , , , | Comments Off on Moving S&P 500 Companies Toward Board Declassification: Post-Proxy Season Update from the ACGI

The Influence of Governance on Investment

The governance structure of a firm can influence any number of its policies and actions, sometimes to the benefit and sometimes to the detriment of shareholders. Among the many studies of these relationships, numerous ones investigate the link between firm governance and corporate investment; however, the findings are inconclusive. Some studies report results suggesting poor […]

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Posted in Academic Research, Comparative Corporate Governance & Regulation, Corporate Elections & Voting, Empirical Research, Financial Regulation | Tagged , , , , , | Comments Off on The Influence of Governance on Investment

Harvard Convenes the Institutional Investors Roundtable

The Harvard Institutional Investors Roundtable will convene tomorrow. The event will bring together prominent members of the institutional investor world to discuss a number of related issues concerning shareholder voting. During the morning sessions, the roundtable discussion will focus on lessons from the first year of advisory votes on executives compensation and on how institutions […]

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

November 2011 Dodd-Frank Rulemaking Progress Report

This posting, the November Davis Polk Dodd-Frank Progress Report, is the eighth 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 Tracker™, […]

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Posted in Financial Regulation, Legislative & Regulatory Developments, Practitioner Publications, Securities Regulation | Tagged , , , | Comments Off on November 2011 Dodd-Frank Rulemaking Progress Report

The Effect of Enforcement on Timely Loss Recognition

In the paper, The Effect of Enforcement on Timely Loss Recognition: Evidence from Insider Trading Laws, forthcoming in the Journal of Accounting and Economics as published by Elsevier, I examine how first-time enforcement of insider trading laws affects the extent of timely loss recognition (TLR) in financial statements. A growing literature examines how cross-country variation […]

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Posted in Academic Research, Empirical Research, Securities Litigation & Enforcement, Securities Regulation | Tagged , , , , | Comments Off on The Effect of Enforcement on Timely Loss Recognition

How Conflicts of Interest Thwart Institutional Investor Stewardship

Editor’s Note: Simon Wong is a Partner at Governance for Owners, an Adjunct Professor of Law at the Northwestern University School of Law, and a Visiting Fellow at the London School of Economics and Political Science. This post is based on an article by Mr. Wong that appeared in Butterworths Journal of International Banking and […]

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Posted in Institutional Investors, International Corporate Governance & Regulation, Op-Eds & Opinions, Securities Regulation | Tagged , , , | 3 Comments