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

May 2011 Dodd-Frank Rulemaking Progress Report

This posting, the Davis Polk Dodd-Frank Rulemaking Progress Report, is the second in a new 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, Legislative & Regulatory Developments, Practitioner Publications, Securities Regulation | Tagged , , , | Comments Off on May 2011 Dodd-Frank Rulemaking Progress Report

New Challenges and Strategies for Designating Delaware as Jurisdiction for Corporate Disputes

Since the Delaware Chancery Court’s opinion in In re Revlon, Inc. Shareholders Litig., [1] where Vice Chancellor Laster endorsed a Delaware entity’s right to mandate in its governance documents a chosen forum for the resolution of intra-corporate disputes, numerous boards of public companies have determined that such a provision is in the best interests of […]

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

Can Firms Build Capital-Market Reputation to Substitute for Poor Investor Protection?

In the paper, Can Firms Build Capital-Market Reputation to Substitute for Poor Investor Protection? Evidence from Dividend Policies, which was recently made publicly available on SSRN, we provide empirical evidence of one particular commitment mechanism that firms use to establish a reputation for good treatment of shareholders. Specifically, we show that in countries where legal […]

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Posted in Academic Research, Banking & Financial Institutions, Financial Regulation, International Corporate Governance & Regulation | Tagged , , , , | Comments Off on Can Firms Build Capital-Market Reputation to Substitute for Poor Investor Protection?

Harvard Convenes the M&A Roundtable

The Harvard Law School Program on Corporate Governance will convene its M&A roundtable later this week. The M&A Roundtable, which is supported by the Corporation Service Company, will bring together leading M&A experts, including from the judiciary, legal practice, investment banking and the investor community. The Roundtable will discuss current issues at the forefront of […]

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Posted in Mergers & Acquisitions, Program News & Events | Tagged | Comments Off on Harvard Convenes the M&A Roundtable

Firm Mortality and Natal Financial Care

In the paper, Firm Mortality and Natal Financial Care, which was recently made publicly available on SSRN, we ask three related questions about the survival of U.S. public firms in the 1985 to 2006 period. First, what is their death rate as a function of age after their initial public offerings (IPOs)? Second, do financial […]

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Treasury Clarifies FBAR Regulations for Private Investment Funds

On March 28, 2011, the Final Regulations, issued by the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (“Treasury”) relating to the filing of Reports of Foreign Bank and Financial Accounts (“FBAR”) became effective. Notably, the Final Regulations do not require ownership interests in, or signing or other authority over, private investment […]

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Posted in Accounting & Disclosure, Financial Regulation, International Corporate Governance & Regulation, Practitioner Publications | Tagged , , , | 1 Comment

An Update on Diversity and Financial Literacy

Editor’s Note: Luis A. Aguilar is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on Commissioner Aguilar’s remarks at the Hispanic Association on Corporate Responsibility’s Corporate Directors Summit; the complete remarks are available here. The views expressed in the post are those of Commissioner Aguilar and do not necessarily reflect […]

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Posted in Corporate Social Responsibility, Legislative & Regulatory Developments, Regulators Materials, Speeches & Testimony | Tagged , , , , | 1 Comment

Private Equity and the Resolution of Financial Distress

In the paper, Private Equity and the Resolution of Financial Distress, which was recently made publicly available on SSRN, we examine how private equity owners influence the outcome of distressed restructurings and the costs of financial distress. The impact of PE ownership on the likelihood or severity of distress is unclear. There are several reasons […]

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Posted in Academic Research, Bankruptcy & Financial Distress, Empirical Research, Private Equity | Tagged , , , , , | 1 Comment

Derivatives Market’s Payment Priorities in Bankruptcy

Stanford Law Review recently published my article, The Derivatives Market’s Payment Priorities as Financial Crisis Accelerator, in which I analyze the Bankruptcy Code’s role in undermining the stability of systemically-vital financial institutions. Chapter 11 bars bankrupt debtors from immediately repaying their creditors, so that the bankrupt firm can reorganize without creditors’ cash demands shredding the […]

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Posted in Academic Research, Bankruptcy & Financial Distress, Empirical Research, Financial Regulation, HLS Research | Tagged , , , , | 4 Comments

Risk and Incentive: An Event Study Approach

In the paper, Risk and Incentive: An Event Study Approach, which was recently made publicly available on SSRN, we take an event study approach to reexamine the standard principal-agent model prediction with respect to executives who have likely experienced an exogenous risk shock. Existing empirical studies of the relationship between risk and incentives provide mixed […]

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