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Program on Corporate Governance Advisory Board
- Peter Atkins
- David Bell
- Kerry E. Berchem
- Richard Brand
- Daniel Burch
- Paul Choi
- Jesse Cohn
- Arthur B. Crozier Christine Davine
- Renata J. Ferrari
- Andrew Freedman
- Ray Garcia
- Byron Georgiou
- Joseph Hall
- Jason M. Halper William P. Mills
- David Millstone
- Theodore Mirvis
- Philip Richter
- Elina Tetelbaum
- Sebastian Tiller
- Marc Trevino Jonathan Watkins
- Steven J. Williams
HLS Faculty & Senior Fellows
Author Archives: Harvard Law School Forum on Corporate Governance and Financial Regulation
U.S. Supreme Court Rejects “Foreign Cubed” Class Actions
In a historic decision of immense consequence to foreign securities issuers, the Supreme Court of the United States this morning swept away four decades of lower-court case law and categorically rejected a highly vexatious species of class-action litigation that has plagued such issuers in recent years—“foreign-cubed” or “f-cubed” securities lawsuits, which involve claims of foreign […]
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Posted in Court Cases, Practitioner Publications, Securities Litigation & Enforcement
Tagged Foreign squared/cubed, Morrison v. National Australia Bank Ltd., Supreme Court
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Sarbanes-Oxley ”Clawback” Developments
The SEC recently achieved a significant victory in its campaign to use the “clawback” provision under Sarbanes-Oxley to force the return of incentive-based compensation by CEOs and CFOs to issuers, even when they are not personally responsible for any alleged “misconduct.” SEC v. Jenkins, No. CV 09-1510-PHX-GMS (D. Ariz. June 9, 2010). The court in […]
Click here to read the complete postLessons for Boards from the Deepwater Horizon Tragedy
There is no doubt the oil industry, corporate America, the United States and foreign governments and people across the globe will learn many lessons from the tragic events in the Gulf of Mexico. For boards of directors across many industries, these events highlight the critical importance of effective board oversight of risk management. Most companies […]
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Posted in Boards of Directors, Practitioner Publications
Tagged Deepwater Horizons, Risk, Risk management
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A New Era for UK Financial Regulation
On 16 June 2010 the UK’s Chancellor of the Exchequer, George Osborne, unveiled sweeping reforms to the way financial institutions will be regulated in the UK in his first annual ‘Mansion House’ speech. The Chancellor plans to dismantle the Financial Services Authority (FSA), the current UK integrated regulator of firms and markets, and the UK’s […]
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Posted in Financial Crisis, Financial Regulation, International Corporate Governance & Regulation, Practitioner Publications, Securities Regulation
Tagged Financial Services Authority, UK
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Versata and Selectica File Briefs in Appeal of NOL Pill Case
Editor’s Note: This post relates to the appeal from the decision in Selectica, Inc. v. Versata, Inc., which was discussed on the Forum here. The briefs in the appeal are available here and here. This post is part of the Delaware law series, which is cosponsored by the Forum and Corporation Service Company; links to […]
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Posted in Court Cases, Mergers & Acquisitions
Tagged Delaware cases, Delaware law, Poison pills, Selectica v. Versata
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Hicksian Income in the Conceptual Framework
In the paper, Hicksian Income in the Conceptual Framework, which is forthcoming in Abacus, my co-authors (Michael Bromwich and Richard Macve both at the London School of Economics) and I provide an analytical and critical case study of the use of income theory in accounting policy making. The Financial Accounting Standards Board (FASB) and the […]
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Posted in Academic Research, Accounting & Disclosure
Tagged FASB, IASB, Income theory
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Don’t Gut Proxy Access
Editor’s Note: This post is based on an op-ed article by Lucian Bebchuk published today on the New York Times’ Dealbook, available here. Lucian Bebchuk is a professor of law, economics and finance at Harvard Law School, author of “The Case for Shareholder Access to the Ballot” and “The Myth of the Shareholder Franchise,” and co-author […]
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Posted in Corporate Elections & Voting, Op-Eds & Opinions
Tagged Proxy access
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Money Market Fund Reform in the United States
Editor’s Note: This post comes to us from Andrew J. Donohue, Director of the Division of Investment Management at the Securities and Exchange Commission, and is based on a recent keynote address by Mr. Donohue to the Annual Policy Seminar of the European Fund and Asset Management Association, the full text of which is available […]
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Posted in Institutional Investors, Regulators Materials, Securities Regulation, Speeches & Testimony
Tagged Money market funds, SEC
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Further Discussion of the Senate Comprehensive Financial Reform Bill
On May 20, 2010, the United States Senate passed, by a margin of 59 to 39, the Restoring American Financial Stability Act of 2010 (the “Bill”), which is aimed at strengthening the U.S. financial system and preventing future crises. The Bill is comprehensive in scope, proposing significant changes to the structure of federal financial regulation […]
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Posted in Financial Regulation, Legislative & Regulatory Developments, Practitioner Publications
Tagged Dodd-Frank Act
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Law and Financial Development
In the paper, Law and Financial Development: What We Are Learning from Time-Series Evidence, which was recently made publicly available on SSRN, my co-authors (Simon Deakin at the University of Cambridge; Viviana Mollica at Queen Mary University of London; and Mathias Siems at the University of East Anglia) and I explore the empirical evidence regarding […]
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Posted in Academic Research, Comparative Corporate Governance & Regulation, Empirical Research
Tagged Legal systems
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