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

Other People’s Money: The Unrealized Conflicts of Securities Lending

The primary goal of most institutional investors, such as public pension funds, is to prudently invest their assets and develop a portfolio that will accommodate long-term financial needs. Accordingly, these investors typically hold large blocks of individual securities in their portfolio, hoping that the value of those securities will appreciate over time. Over the past […]

Click here to read the complete post
Posted in Institutional Investors, Practitioner Publications | Tagged , | 1 Comment

The Relation Between Firm-Level Corporate Governance and Market Value: A Study of India

In our paper, The Relation between Firm-level Corporate Governance and Market Value: A Study of India, which was recently made publicly available on SSRN, we provide a detailed overview of the practices of publicly traded firms in India, and identify areas where governance practices are relatively strong or weak, relative to developed countries. We also […]

Click here to read the complete post
Posted in Academic Research, Comparative Corporate Governance & Regulation, Empirical Research, International Corporate Governance & Regulation | Tagged , | Comments Off on The Relation Between Firm-Level Corporate Governance and Market Value: A Study of India

Implicit Compensation

Each year, CEOs sell billions of dollars of stock in their firms. Previous empirical work demonstrates that CEOs earn abnormal returns on these trades, suggesting some trading based on material non-public information. Critics of CEO compensation practices offer this fact as evidence of a manager-dominated process. According to their story, CEOs earn “extra” compensation from […]

Click here to read the complete post
Posted in Academic Research, Boards of Directors, Empirical Research, Executive Compensation | Tagged , | Comments Off on Implicit Compensation

Just Say No to Wall Street: Putting a Stop to the Earnings Game

In a Journal of Applied Corporate Finance paper, Just Say No to Wall Street: Putting a Stop to the Earnings Game, my co-author, Joseph Fuller of The Monitor Group, and I discuss the notion of putting an end to the “earnings game.” This requires that CEOs reclaim the initiative by avoiding earnings guidance and managing […]

Click here to read the complete post
Posted in Academic Research, Accounting & Disclosure | Tagged | 2 Comments

Supreme Court to Decide Rule on Class Waivers in Arbitration Clauses

The U.S. Supreme Court recently granted certiorari in a case that is likely to resolve important outstanding questions regarding attempts to limit arbitration clauses so that they do not permit class action arbitrations. The case, AT&T Mobility LLC v. Concepcion, No. 09-893, presents the question whether the Federal Arbitration Act preempts state laws holding such […]

Click here to read the complete post
Posted in Court Cases, Practitioner Publications, Securities Litigation & Enforcement | Tagged , , | Comments Off on Supreme Court to Decide Rule on Class Waivers in Arbitration Clauses

Bankers Beware

A recent Delaware Chancery bench decision from VC Laster denying a motion for a preliminary injunction to block the merger of Zenith National with Fairfax Holdings suggests increased sensitivity around issues of conflicts of interest for financial advisers. In addressing disclosure claims relating to a potential conflict of interest affecting Zenith’s financial adviser, the court […]

Click here to read the complete post
Posted in Court Cases, Mergers & Acquisitions, Practitioner Publications, Private Equity | Tagged , , , | Comments Off on Bankers Beware

Lucian Bebchuk’s Keynote Speech at the ICGN Annual Meeting

Lucian Bebchuk delivered a keynote address at the annual meeting of the International Corporate Governance Network (ICGN) taking place this month in Toronto, Canada. The meeting drew over 400 participants from 40 countries. Bebchuk’s speech focused on reforming executive pay structures to tighten the link between pay and long-term performance. The address built on three […]

Click here to read the complete post
Posted in Academic Research, HLS Research, Program News & Events | Tagged | Comments Off on Lucian Bebchuk’s Keynote Speech at the ICGN Annual Meeting

Are Sovereign Wealth Fund Investments Politically Biased?

Our paper, Are Sovereign Wealth Fund Investments Politically Biased? Comparing Mutual and Sovereign Funds, which was recently made publicly available on SSRN, belongs to a series of studies on Sovereign Wealth Funds and their role in the new financial architecture. The study is a background paper for the Global Development Outlook 2010. The resilience of […]

Click here to read the complete post
Posted in Academic Research, Empirical Research, Institutional Investors, International Corporate Governance & Regulation | Tagged , | Comments Off on Are Sovereign Wealth Fund Investments Politically Biased?

Delaware Court Adopts Unified Standard for Controlling Stockholder Going Private Transactions

In a recent Delaware decision issued in In re CNX Gas Corp. Shareholders Litigation, C.A. No. 5377-VCL (Del Ch. May 25, 2010), Vice Chancellor Travis Laster imposed additional requirements for controlling stockholders and boards to obtain the benefit of the more deferential business judgment standard of review by a court in litigation over a going […]

Click here to read the complete post
Posted in Court Cases, Mergers & Acquisitions, Practitioner Publications | Tagged , , , , | 1 Comment

The Dark Side of Outside Directors

In the paper, The Dark Side of Outside Directors: Do They Quit When They are Most Needed? which was recently made publicly available on SSRN, my co-authors (Rüdiger Fahlenbrach from the Ecole Polytechnique Fédérale de Lausanne and the Swiss Finance Institute and Angie Low from the Nanyang Technological University) and I focus on a cost […]

Click here to read the complete post
Posted in Academic Research, Boards of Directors, Empirical Research | Tagged , , | 1 Comment