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

Corporate Governance: Past, Present, & Future

Editor’s Note: Robert Monks is the founder of Lens Governance Advisors, a law firm that advises on corporate governance in the settlement of shareholder litigation. The Vision The modern business corporation emerged as the first institutional claimant of significant unregulated power since the nation state established its title in the sixteenth and seventeenth centuries. —Abe […]

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Posted in Boards of Directors, Corporate Elections & Voting, Financial Crisis, Financial Regulation | 1 Comment

Private Equity and Industry Performance

In this paper, Private Equity and Industry Performance, which was recently published on SSRN, my co-authors, Shai Bernstein, Morten Sørensen, and Per Strömberg, and I examine the impact of PE investments across 20 industries in 26 major nations between 1991 and 2007. We focus on whether PE investments in an industry affect aggregate growth and […]

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After the Financial Crisis: Fixing the Market and Regulatory Failures

Editor’s Note: Eliot Spitzer is the former Governor of New York. This post is based a speech delivered by Mr. Spitzer at Harvard University’s Edmond J. Safra Foundation Center for Ethics; an essay adapted from the speech recently appeared in the Boston Review. Every day we read the headlines, feel the tensions, observe the consequences […]

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Posted in Boards of Directors, Corporate Social Responsibility, Financial Crisis, Financial Regulation, Speeches & Testimony | Tagged | 1 Comment

Just Say NOL: Delaware Upholds 4.99% Rights Plan to Protect NOLs

Editor’s Note: Theodore Mirvis is a partner in the Litigation Department at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton memorandum by Mr. Mirvis, Eric S. Robinson, William Savitt and Ryan A. McLeod, regarding the recent decision of the Delaware Court of Chancery in Selectica, Inc. v. Versata Enters., Inc.; […]

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Posted in Court Cases, Mergers & Acquisitions | Tagged , , , | 2 Comments

Bundling and Entrenchment

In a recently issued discussion paper, “Bundling and Entrenchment,” we present the first empirical study of the bundling problem in corporate law. The paper, which will be published in the May 2010 issue of the Harvard Law Review, is available here. Our study provides empirical evidence that managements have been using bundling to introduce antitakeover […]

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Posted in Academic Research, Boards of Directors, Corporate Elections & Voting, Empirical Research, HLS Research, Mergers & Acquisitions | Tagged , , | 1 Comment

Is Pay Too High and Are Incentives Too Low?

In this paper, Is Pay Too High and Are Incentives Too Low? A Wealth-Based Contracting Framework, which was recently published on SSRN, my co-author, Wayne Guay, and I describe a wealth-based contracting framework useful in structuring executive compensation and incentives.  In the wake of the recent financial crisis, US executive compensation has, once again, come […]

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Corporate Governance and the Financial Crisis: Causes and Cures

Editor’s Note: Theodore N. Mirvis is a partner in the Litigation Department at Wachtell, Lipton, Rosen & Katz. This post is a summary of a discussion hosted by Mr. Mirvis at the Corporate Directors Forum at the University of San Diego; the slides from that presentation are available here. A recent discussion that I moderated […]

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Posted in Boards of Directors, Executive Compensation, Financial Crisis, Financial Regulation, Legislative & Regulatory Developments | Tagged , , | 1 Comment

International Experts Form Council on Global Financial Regulations

Editor’s Note: This post draws on an article that first appeared on the Harvard Law School website. Hal Scott, the Nomura Professor and director of the Program on International Financial Systems at Harvard Law School, has been named co-chair of the newly-organized Council on Global Financial Regulation. The Council has been formed by a group […]

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Increasing International Cooperation and Other Key Trends in Anti-Corruption Investigations

Last Fall, we noted that countries other than the United States were stepping up their efforts to combat international bribery and corruption. (See International Anti-Corruption Enforcement on the Rise – October 19, 2009.) Consistent with that trend, earlier this week the U.K. Serious Fraud Office in conjunction with the U.S. Department of Justice settled corruption […]

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Posted in International Corporate Governance & Regulation, Practitioner Publications | Tagged | Comments Off on Increasing International Cooperation and Other Key Trends in Anti-Corruption Investigations

Corporate Political Speech is Bad for Shareholders

Editor’s Note: This post is Lucian Bebchuk’s most recent op-ed in his series of monthly columns titled “The Rules of the Game” for the international association of newspapers Project Syndicate, which can be found here. This op-ed draws on his study with Zvika Neeman, “Investor Protection and Interest Group Politics,” forthcoming in The Review of […]

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Posted in Corporate Elections & Voting, Court Cases, Op-Eds & Opinions | Tagged | 1 Comment