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Program on Corporate Governance Advisory Board
- William Ackman
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HLS Faculty & Senior Fellows
Author Archives: Tarik Samman
Understanding and Managing Legal Risk in Corporate DEI
Rapid legal developments in the US related to diversity, equity & inclusion (DEI) practices, programs, and policies require continuous monitoring to ensure companies have accurate, up-to-date information regarding compliance and evolving regulatory standards. As the legal landscape develops in this area, companies are identifying and evaluating the specifics of their existing programs to determine compliance […]
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Posted in Practitioner Publications
Tagged dei, discrimination, Diversity, Executive Orders
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“Under Pressure”: Walking the Fine Line of Section 13(d) Passive Investor Status
On February 11, 2025, the staff of the Division of Corporation Finance (“Staff”) of the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) issued new and updated Compliance and Disclosure Interpretations on Regulation 13D-G (“C&DIs”) that address the circumstances under which a shareholder’s engagement with an issuer’s management would cause the shareholder to hold securities […]
Click here to read the complete postEarly Filers: Bonuses Up Amid Flat Financial Performance
Key Findings Performance: 2024 median financial performance – as measured by revenue, earnings before interest and taxes (EBIT), and earnings per share (EPS) – was generally flat and consistent with 2023 performance. In 2024, median revenue grew slightly (+1.6%), EBIT grew modestly (+3.9%) and EPS was flat (0.0%). One-year total shareholder return (TSR) was up […]
Click here to read the complete postScope, Scale, and Concentration: A New Perspective on the 21st-Century Firm
The Evolution of Firm Scope and Measurement Challenges Recent discussions on corporate concentration have relied on traditional industry classifications that often fail to capture the evolving nature of firm scope and competition. Historically, firm scope has been measured using Compustat segment data, which relies on broad industry classifications and managerial reporting discretion. However, this traditional […]
Click here to read the complete post2025 Environmental and Social Developments
2025 is off to a fast start with several changes in the legal landscape of the environmental and social (E&S) categories of ESG (Environmental, Social, and Governance). This alert highlights key E&S developments thus far in 2025, including executive actions, regulatory updates, state legislation, and proxy advisor and institutional investor guidance.
Click here to read the complete postRemarks by Commissioner Crenshaw at the Investment Company Institute’s 2025 Investment Management Conference
Good morning and thank you for having me. Before I begin, I would like to thank ICI for the invitation to speak here today. I am coming to speak before you during a time of change, both at the agency and in the nation as a whole. During times of profound change like this, I […]
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Posted in Practitioner Publications
Tagged Investment Advisers Act, Investment Company Act, Regulators, SEC
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Sanctioning Negligent Bankers
The financial panic started by Silicon Valley Bank in March 2023 might have been new, but its cause was not. Excessive risk-taking and mismanagement by bank executives are the perennial manifestation of moral hazard. Economists and legal scholars have sought to ameliorate this market failure by addressing the mismatch between rewards given to bank executives […]
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Posted in Academic Research
Tagged Banks, Corporate governance, Liability, proposals
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SEC Priorities Regarding Cybersecurity Enforcement in the Second Trump Administration
The SEC recently announced the creation of a Cyber and Emerging Technologies Unit (CETU) that will focus on fraudulent conduct in cybersecurity, digital assets, and emerging technologies such as artificial intelligence. For public companies, the announcement indicates that the new unit will focus on combatting fraud and other “cyber-related misconduct,” including “public issuer fraudulent disclosure […]
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Posted in Practitioner Publications
Tagged Cybersecurity, Donald Trump, Public Companies, SEC
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The Governance of Geopolitical Risk in 2025
“You may not be interested in geopolitics, but geopolitics is interested in you.” In a December 2023 article, we looked at the concept of geopolitical risk in relation to corporate governance in the aftermath of Russia’s invasion of Ukraine and the revival of instability in the Middle East. More than a year on, the international order […]
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Posted in Practitioner Publications
Tagged Board of Directors, Corporate governance, geopolitics, Risks
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Signaling Long-Term Information Using Short-Term Forecasts
A common concern with disclosure is revealing proprietary information. Many studies examine this proprietary cost hypothesis––that concerns about revealing proprietary information can prevent full disclosure––within the context of short-term earnings forecasts. However, these forecasts primarily accelerate the release of financial information by only a few months. Since their informational value is relatively short-lived, researchers also […]
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Posted in Academic Research
Tagged Corporate governance, disclosures, earnings, Voluntary Disclosure
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