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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
The SEC’s Cyber Priorities and Four Ways for Companies to Reduce Regulatory Risk
Earlier this year, we wrote about the SEC’s cybersecurity priorities. Since then, the SEC announced a settlement with First American Title Insurance and Services (“First American”) for violating Rule 13a-15(a) of the Exchange Act, and issued a voluntary request for information to a number of companies in connection with the SolarWinds cyber attack (“Voluntary Request”). In this post, we […]
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Posted in Accounting & Disclosure, Practitioner Publications, Securities Litigation & Enforcement, Securities Regulation
Tagged Cybersecurity, Privacy, Risk, Risk disclosure, Risk management, SEC, SEC enforcement, Securities enforcement, Securities regulation
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Public Company Guide—Planning for Shareholder Engagement
Today, shareholders are increasingly demanding corporate accountability on a variety of issues, ranging from compensation and human capital management to governance and board diversity, among others. As a result, most companies will need to consider the most effective ways to engage with their key shareholders. Shareholder engagement can come in a variety of forms, including […]
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Posted in Corporate Elections & Voting, Institutional Investors, Practitioner Publications
Tagged Engagement, Institutional Investors, Proxy advisors, Proxy season, Shareholder activism, Shareholder voting
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Are Enhanced Index Funds Enhanced?
One of the major trends in the mutual fund industry is the rising importance of passive investing. At the end of 2020, according to the Investment Company Institute, passive exchange traded funds and index funds each accounted for 40% of the assets held by all funds holding long-term asset The growth in passive investing has […]
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Posted in Academic Research, Empirical Research, Institutional Investors
Tagged Asset management, Fund performance, Index funds, Institutional Investors, Mutual funds
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Companies are Trust Leaders. Here’s What That Means for Boards
Confidence in the institutions that form the bedrock of society is perilously low. Surveys show that many people have lost faith in government, the media, and the police, among other institutions. Meanwhile, corporations have emerged as leaders. They’re now the most trusted institution in the US according to the Edelman Trust Barometer. Maintaining this trust, […]
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Posted in Accounting & Disclosure, Boards of Directors, ESG, Practitioner Publications
Tagged Accountability, Board oversight, Boards of Directors, Corporate culture, Corporate Social Responsibility, Disclosure, ESG, Human capital, Reputation, Stakeholders
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Considering a Culturally Congruent EESG and DEI Component in Incentive Plans
During a recent compensation committee meeting, the CEO expressed some level of frustration with the public discourse on including EESG (Employee, Environment, Social, and Governance) goals—specifically, DEI (Diversity, Equity, and Inclusion)—into executive incentive plans. “Our culture is all about equity, diversity, and inclusion,” she exclaimed. “Why should we be bonusing our culture?” The impetus for […]
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Posted in ESG, Executive Compensation, Practitioner Publications
Tagged Bonuses, Corporate culture, Diversity, ESG, Executive Compensation, Incentives, Pay for performance
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Labor in the Age of Finance
My new book, Labor in the Age of Finance: Pensions, Politics, and Corporations from Deindustrialization to Dodd-Frank (Princeton University Press, 2021), is an economic history of organized labor’s engagement with shareholder activism, corporate governance, and financial regulation in the 1990s and 2000s. An epilogue carries the narrative to the present. The proximate cause of labor’s […]
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Posted in Academic Research, Comparative Corporate Governance & Regulation, Corporate Social Responsibility, ESG, Financial Regulation
Tagged Corporate Social Responsibility, ESG, Financial regulation, Labor markets, Ownership, Pension funds, Securities regulation, Stakeholders, Unions
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SPAC-Related Litigation Risks and Mitigation Strategies
Special Purpose Acquisition Companies (SPACs) have been gaining traction during the past 18 months, although more recently they have come under the spotlight for more negative reasons. Following high-profile litigation associated with certain de-SPAC deals and statements from the Securities and Exchange Commission (SEC), many investors are now starting to question SPACs as an investment […]
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Posted in Accounting & Disclosure, Mergers & Acquisitions, Practitioner Publications, Securities Litigation & Enforcement, Securities Regulation
Tagged Conflicts of interest, Cross-border transactions, Due diligence, IPOs, Merger litigation, Mergers & acquisitions, Safe harbor, SEC, SEC enforcement, Securities enforcement, Securities litigation, Securities regulation, SPACs
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The Missing Element of Private Equity
How Private Equity Can Drive Boardroom Diversity Corporate boards are vital in helping companies maintain a longer-term focus while executing on shorter-term priorities. And a board’s unique stature, sitting atop the organization, allows it to shape corporate culture while guiding long-term strategy through a mix of encouragement, skepticism, and guidance. This role is consistent regardless […]
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Posted in Boards of Directors, ESG, Practitioner Publications, Private Equity
Tagged Board composition, Boards of Directors, Diversity, ESG, Private equity
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