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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
Some Thoughts for Boards of Directors in 2010
Never before in the history of American business has the role of the corporate director been more important or more challenging. Boards today must navigate a tremendously difficult business environment featuring intense competition from foreign manufacturers, weak consumer confidence, growing unemployment, volatility in financial and commodity markets and a host of other complex challenges. At […]
Click here to read the complete postSEC Adopts Final Rules on Enhanced Proxy Statement Disclosures
Editor’s Note: Eduardo Gallardo is a partner focusing on mergers and acquisitions at Gibson, Dunn & Crutcher LLP. This post is based on a Gibson, Dunn & Crutcher client memorandum by Ron Mueller, Amy Goodman, Gillian McPhee, Dina Bernstein, and Anthony Shoemaker. At an open meeting held on December 16, 2009, the Securities and Exchange […]
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Posted in Boards of Directors, Financial Regulation, Legislative & Regulatory Developments, Securities Regulation
Tagged Proxy disclosure, Risk management, SEC
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Did Fair-Value Accounting Contribute to the Financial Crisis?
In a recently released working paper co-authored with Christian Laux entitled Did Fair-Value Accounting Contribute to the Financial Crisis? we investigate whether there is merit to the claim that fair-value accounting exacerbated the severity of the 2008 financial crisis. The main allegations are that fair-value accounting contributes to excessive leverage in boom periods and leads […]
Click here to read the complete postDirector Engagement With Shareholders Without Fearing Regulation FD
Over the course of several forums on governance, director leadership and engaging with shareholders, a number of board advisors have intoned mightily against the notion of having corporate directors involved in a company’s shareholder engagement efforts. The foremost rationale offered for holding directors apart from discussions with investors is that Regulation FD creates insurmountable problems […]
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Posted in Boards of Directors, Practitioner Publications
Tagged Board leadership, Boards of Directors, Shareholder communications
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The Risks to Private Enterprise from Federal Preemption of State Corporate Law
The current multi-pronged effort for U.S. federal preemption of state corporate law, particularly in the area of corporate governance, is largely predicated on the view that it is necessary to forestall excessive risk-taking in the private sector. However, the federal preemption “cure” is a carrier of its own systemic disease. Before imposing this “cure,” it […]
Click here to read the complete postRisk Management and the Board of Directors
Balancing risk and reward has never been more challenging than it is today. Companies face risks that are more complex, interconnected and potentially devastating than ever before. Over the past two years, a perfect storm of economic conditions has triggered an extraordinary downward spiral from which we are only recently beginning to emerge: the subprime […]
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Posted in Boards of Directors, Practitioner Publications
Tagged Boards of Directors, Financial crisis, Risk, Risk management
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Derivatives’ Bankruptcy Priorities
Editor’s Note: Mark Roe is a professor at Harvard Law School, where he teaches bankruptcy and corporate law. This post is based on an op-ed article from today’s Financial Times. A lot is happening in the financial regulatory overhaul bill that moved swiftly from committee through the US House of Representatives this week. But one […]
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Posted in Financial Crisis, Financial Regulation, HLS Research, Legislative & Regulatory Developments, Op-Eds & Opinions
Tagged Derivatives, Dodd-Frank Act, Financial crisis, Risk, Swaps
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Crisis Resolution and Bank Liquidity
Editor’s Note: This post comes to us from Viral Acharya, Professor of Finance at New York University, Hyun Song Shin, Professor of Economics at Princeton University, and Tanju Yorulmazer, a Senior Economist at the Federal Reserve Bank of New York. A central difficulty during banking crises is one of finding ready buyers of distressed assets. […]
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Posted in Financial Crisis
Tagged Banks, Federal Reserve, Financial crisis, Liquidity, Risk
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RiskMetrics Issues Policy Updates for 2010 Proxy Season
On November 19, 2009, RiskMetrics Group issued updates to its proxy voting policy that will be applicable to shareholder meetings held on or after February 1, 2010. The policy updates that are applicable to US companies are available at here. This briefing summarizes those policy updates that affect US companies and discusses implications for voting […]
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Posted in Corporate Elections & Voting, Practitioner Publications
Tagged ISS, Proxy season, Proxy voting
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