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

Philippe Camus Discusses Alcatel Lucent Merger

Alcatel-Lucent Chairman Philippe Camus was recently a guest speaker in Visiting Professor Laurent Cohen-Tanugi’s course on Transatlantic Mergers & Acquisitions. Mr. Camus, who expressed himself in his personal capacity, took on his position as Chairman in the second year following the merger of Alcatel and Lucent after the withdrawal of the executive team (Serge Tchuruk […]

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Posted in Mergers & Acquisitions, Program News & Events | Tagged | 2 Comments

Keep the Banks out of the Public-Private Investment Funds

Editor’s Note: This post is based on an op-ed piece by Lucian Bebchuk published today in FinancialTimes.com. Professor Bebchuk’s most recent posts about the Public-Private Investment Program are available here and here. Should banks with large amounts of troubled assets be allowed to participate as managers or investors in funds set up under the US’s […]

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Posted in Bankruptcy & Financial Distress, Financial Crisis, Legislative & Regulatory Developments, Op-Eds & Opinions | Tagged , | 1 Comment

Short Sale Proposals: Key Questions

The Securities and Exchange Commission will hold a roundtable at its headquarters in Washington, DC today to discuss issues raised by its recent proposals to restrict short sales. Questions will be directed to three main topics: 1) Market Changes and Investor Confidence; 2) Bid versus Tick versus Circuit Breakers; and 3) Lessons and Insights from […]

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Posted in Financial Regulation, Practitioner Publications, Securities Regulation | Tagged , , , | Comments Off on Short Sale Proposals: Key Questions

Delaware Adopts DGCL Amendments

SUMMARY The Delaware legislature has enacted a number of amendments to the Delaware General Corporation Law (the “DGCL”) relating to the governance of Delaware corporations. The amendments address current corporate governance issues concerning: (i) proxy access and expense reimbursement; (ii) director indemnification and advancement of expenses; (iii) judicial removal of directors; and (iv) flexibility in […]

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Posted in Boards of Directors, Corporate Elections & Voting, Legislative & Regulatory Developments, Practitioner Publications | Tagged , , | Comments Off on Delaware Adopts DGCL Amendments

Peer Firms in Relative Performance Evaluation

Agency theory suggests that the compensation of chief executive officers (CEOs) should be linked to firm performance to motivate CEOs to maximize shareholder value. Further, the hypothesis of relative performance evaluation (RPE) states that the firm performance measure used in CEO pay should exclude the component driven by exogenous shocks. Despite much research in this […]

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Posted in Academic Research, Empirical Research, Executive Compensation | Tagged , , | 1 Comment

M&A Strategies for Bankruptcy and Distressed Companies

Editor’s Note: This post is by John M. Reiss, Matthew J. Kautz, Thomas E. Lauria, and Gerard H. Uzzi of White & Case LLP. The beginning of the credit crisis in mid-2007 and other recent economic trends have increased the number of distressed companies that are seeking to sell assets as part of their plans […]

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Posted in Banking & Financial Institutions, Bankruptcy & Financial Distress, Financial Crisis, Mergers & Acquisitions | Tagged , , | Comments Off on M&A Strategies for Bankruptcy and Distressed Companies

PWC 2008 Securities Litigation Study

In PricewaterhouseCoopers’ 13th annual evaluation of private securities class action lawsuits, one thing is glaringly obvious: While 2008 was an extraordinary year for litigators, it also demonstrated how extremely vulnerable giant financial institutions and entire economies are to fissures in the financial system. In the seemingly free-falling economic environment of the latter part of the […]

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Posted in Practitioner Publications, Securities Litigation & Enforcement, Securities Regulation | Tagged , , | 1 Comment

Obstacles to a Quick Chrysler Bankruptcy

Editor’s Note: This post is based on an op-ed piece by Professor Mark Roe in today’s Wall Street Journal. Yesterday, Chrysler filed for Chapter 11 bankruptcy protection in preparation for a partnership with Italy’s Fiat. President Barack Obama says he hopes the bankruptcy proceeding will be quick and efficient, done in 30-60 days. I hope […]

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Posted in Banking & Financial Institutions, Financial Crisis, Op-Eds & Opinions | Tagged , , , | 1 Comment

The SEC Outlines its Enforcement Agenda

Editor’s Note: The post below by Chairman Schapiro is a transcript of remarks by her to the Society of American Business Editors and Writers, Denver, on April 27, 2009. It’s an honor to be here with you today because in so many ways we share the same goal. We all strive to achieve an “informed […]

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Posted in Financial Crisis, Regulators Materials, Securities Regulation, Speeches & Testimony | Tagged , , , | Comments Off on The SEC Outlines its Enforcement Agenda

Inheritance Law and Investment in Family Firms

In my paper Inheritance Law and Investment in Family Firms (co-written with Andrew Ellul and Marco Pagano) which I recently presented at the Law, Economics and Organizations Seminar at Harvard Law School, my co-authors and I investigate whether inheritance laws reduce investment and growth in family firms. Inheritance laws may constrain entrepreneurs to bequeath a […]

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Posted in Academic Research, Empirical Research, International Corporate Governance & Regulation, Legislative & Regulatory Developments | Tagged , | Comments Off on Inheritance Law and Investment in Family Firms