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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
- Renata J. Ferrari
- Andrew Freedman
- Ray Garcia
- Joseph Hall
- Jason M. Halper William P. Mills
- David Millstone
- Theodore Mirvis
- Philip Richter
- Elina Tetelbaum
- Sebastian Tiller
- Marc Trevino
- Steven J. Williams
Author Archives: Harvard Law School Forum on Corporate Governance and Financial Regulation
Law Firms Comment on SEC’s Proposed Proxy Access Rules
(Editor’s Note: This post is by Theodore Mirvis of Wachtell, Lipton, Rosen & Katz. In addition to participating in the comment letter discussed in this post, Wachtell, Lipton, Rosen & Katz also filed its own comment letter, which is available here.) Seven major law firms — Cravath, Swaine & Moore LLP, Davis Polk & Wardwell LLP, […]
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Posted in Corporate Elections & Voting, Legislative & Regulatory Developments, Practitioner Publications
Tagged Proxy access, Rule 14a-11, Rule 14a-8
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Impact of the Credit Crunch on Acquisition Agreements
(Editor’s Note: This post by John G. Finley is based on a Simpson Thacher & Bartlett memorandum, which first appeared as an article in the New York Law Journal.) This post was written together with Simpson Thacher & Bartlett associate Salvatore Gagliardi. While the pace of M&A activity has been subdued, the significance of contractual […]
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Posted in Financial Crisis, Mergers & Acquisitions, Practitioner Publications
Tagged Credit supply, Private equity
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What does a non-executive chairman do anyway?
(Editor’s Note: This post by Francis H. Byrd first appeared as a Governance & Proxy Review Update.) With the introduction of Senator Schumer’s Shareholder Bill of Rights there has been a great deal of discussion surrounding the role of the Non-Executive Chairman (NEC) versus that of the CEO. Discussion of this concept in the media […]
Click here to read the complete postSEC Enforcement Director Discusses Enforcement Initiatives
(Editor’s Note: This post below is a transcript of remarks by Robert Khuzami, Director of the Division of Enforcement of the Securities and Exchange Commission, to The Association of the Bar of the City of New York last week.) I. Introduction Thank you, Pat, for that kind introduction. It’s great to be back in New […]
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Posted in Court Cases, Legislative & Regulatory Developments, Regulators Materials, Securities Litigation & Enforcement, Securities Regulation, Speeches & Testimony
Tagged SEC, SEC enforcement
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Strengthening and Streamlining Prudential Bank Supervision
Editor’s Note: The post below by Sheila Bair is a transcript of her testimony last week to the Senate Committee on Banking, Housing, and Urban Affairs in its hearing on “Strengthening and Streamlining Prudential Bank Supervision.” Ms. Bair’s complete written testimony can be found here.) Chairman Dodd, Ranking Member Shelby and members of the Committee, […]
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Posted in Banking & Financial Institutions, Financial Crisis, Financial Regulation, Legislative & Regulatory Developments, Securities Regulation
Tagged Banks, FDIC, Financial reform, Financial regulation, Regulators, Shadow banking
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Shareholder Expropriation in the U.S.
Contrary to the general view that publicly-traded firms in the United States are diffusely owned, blockholders in these firms are both frequent and substantial. However, despite the prevalence of blockholders, their effect on firm value is unresolved. In our forthcoming Journal of Financial and Quantitative Analysis paper Is there shareholder expropriation in the United States? […]
Click here to read the complete postChrysler Opinion Reaffirms Flexible Standards Governing Section 363 Sales
Editor’s Note: This post relates to the decision of the Court of Appeal for the Second Circuit in In re Chrysler LLC, Case No. 09-2311 (2d Cir. Aug. 5, 2009).) This post was written together with my colleagues Richard G. Mason and Austin T. Witt. The Second Circuit Court of Appeals has issued an extensive […]
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Posted in Bankruptcy & Financial Distress, Court Cases, Practitioner Publications
Tagged Bankruptcy, Bankruptcy Code, Bankruptcy Code s.363, Debtor-creditor law, In re Chrysler LLC
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ABA Taskforce asks that Corporate Governance Reform Reject Rigidity in Viewpoints
Editor’s Note: This post is by Holly Gregory of Weil, Gotshal & Manges LLP. A Task Force of the Corporate Governance Committee of the ABA Section of Business Law has released a report on how governance roles and responsibilities are apportioned between shareholders and boards of directors — an issue of relevance to the current […]
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Posted in Boards of Directors, Corporate Elections & Voting, Legislative & Regulatory Developments, Practitioner Publications
Tagged Boards of Directors, Governance reform, Shareholder proposals
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