Author Archives: Tarik Samman

State of Cyber Awareness in the Boardroom

Introduction Businesses are spending more money every year trying to defend their digital environment from attackers. In fact, as other areas of the business face tighter budgets this year, 48% of CEOs planned to increase investment in cybersecurity and data privacy, according to a survey from advisory firm PricewaterhouseCoopers. Meanwhile, cybersecurity remains the most challenging […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on State of Cyber Awareness in the Boardroom

Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

Key Points As consumers place increasing emphasis on environmental sustainability, companies face not only the challenge of maintaining eco-friendly practices but also the threat of lawsuits alleging “greenwashing.” Plaintiffs’ attorneys, animal rights groups and state attorneys general have increasingly filed greenwashing consumer class actions. Preventive measures to fend off greenwashing suits include carefully reviewing and […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

2024 U.S. Proxy Season: Recent Proxy and Annual Report Developments

Recent Proxy and Annual Report Developments INSIDER TRADING DISCLOSURES Environmental and Social Matters Additional Annual Report and Proxy Statement Matters In December 2022, the U.S. Securities and Exchange Commission (the “SEC”) amended rules relating to insider trading arrangements and related disclosures. The amendments added conditions to the availability of the affirmative defense to insider trading […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on 2024 U.S. Proxy Season: Recent Proxy and Annual Report Developments

Expecting Corporate Prosociality

Expecting Corporate Prosociality The long-running corporate purpose debate often assumes stakeholder preferences for corporate prosociality are exogenous: Investors, employees, and consumers want corporations to be prosocial or they don’t. My paper, Expecting Corporate Prosociality, on SSRN and forthcoming in the Journal of Legal Studies, develops and empirically tests the idea that rhetoric from the debate […]

Click here to read the complete post
Posted in Academic Research | Tagged , , , | Comments Off on Expecting Corporate Prosociality

What’s Next for Diversity Shareholder Proposals

Following the death of George Floyd and mass protests against racial inequity in 2020 culminating years of slowly building stakeholder pressure on various aspects of diversity, many companies expressed their commitment to racial justice and implemented or enhanced diversity, equity and inclusion (DEI) programs. Such programs included setting hiring and promotion goals for racial minorities, […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on What’s Next for Diversity Shareholder Proposals

AI and the Role of the Board of Directors

Artificial intelligence (AI) has the capacity to disrupt entire industries, with implications for corporate strategy and risk, stakeholder relationships, and compliance that require the attention of the board of directors. In 1950, Alan Turing, the father of computer science, famously asked, “Can machines think?” Since then, the application of computer science and algorithms to collect […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on AI and the Role of the Board of Directors

The DNA of 2023 U.S. Sustainability Reports

Since we published our last study on U.S. sustainability reports 12 months ago, political attacks on ESG have escalated heading into the 2024 U.S. presidential campaign. As a result, companies are now facing critical questions on how to communicate their ESG strategies and initiatives, especially within annual sustainability reports that are now the norm for […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on The DNA of 2023 U.S. Sustainability Reports

Weekly Roundup: September 29-October 5, 2023

Startup Failure Posted by Elizabeth Pollman (University of Pennsylvania), on Friday, September 29, 2023 Tags: Bankruptcy, Exit, M&A, Startups Risk Management and the Board of Directors Posted by Martin Lipton, John Savarese, and Sarah K. Eddy, Wachtell Lipton Rosen & Katz, on Saturday, September 30, 2023 Tags: Board of Directors, Fiduciary duties, Risk management, SEC […]

Click here to read the complete post
Posted in Weekly Roundup | Tagged | Comments Off on Weekly Roundup: September 29-October 5, 2023

How to Navigate Equity Plan Proposals

Russell 3000 equity plan proposals are facing historically low shareholder support and higher failure rates in 2023. These headwinds likely reflect both increased shareholder and proxy advisor expectations in equity plan sizing and increased share usage pressure at companies in depressed markets. Companies will want to slightly adjust their playbook and engage with shareholders differently. […]

Click here to read the complete post
Posted in Practitioner Publications | Tagged , , , | Comments Off on How to Navigate Equity Plan Proposals

Do Consumers Care About ESG? Evidence from Barcode-Level Sales Data

The interest of business leaders, academics, policymakers, and the general public in Environmental, Social, and Governance (ESG) issues has grown exponentially over time and reached an all-time high in 2023, based on Google Trends searches.  From the perspective of corporations and their leaders, an important question is whether ESG strategies help achieve higher profits and […]

Click here to read the complete post
Posted in Academic Research | Tagged , , , | Comments Off on Do Consumers Care About ESG? Evidence from Barcode-Level Sales Data