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Program on Corporate Governance Advisory Board
- William Ackman
- Peter Atkins
- David Bell
- Kerry E. Berchem
- Richard Brand
- Daniel Burch
- Paul Choi
- Jesse Cohn
- Arthur B. Crozier Christine Davine
- Renata J. Ferrari
- John Finley
- Andrew Freedman
- Ray Garcia
- Byron Georgiou
- Joseph Hall
- Jason M. Halper
- Paul Hilal
- Carl Icahn William P. Mills
- David Millstone
- Theodore Mirvis
- Philip Richter
- Elina Tetelbaum
- Sebastian Tiller
- Marc Trevino Jonathan Watkins
- Steven J. Williams
- Daniel Wolf
HLS Faculty & Senior Fellows
Author Archives: Tarik Samman
SEC Private Fund Adviser Enforcement FY 2024 Highlights
The cases brought by SEC’s Division of Enforcement during fiscal year 2024 underscore the agency’s focus over the last several years on post-commitment management fee calculations, recordkeeping and off-channel communications, fee and expense disclosures, controls related to material non-public information and conflicts of interest generally. We highlight below several notable cases and sweeps conducted over […]
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Posted in Practitioner Publications
Tagged Management, Private funds, SEC, Whistleblowers
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Nationwide Preliminary Injunction Suspends Enforcement of the Corporate Transparency Act
The nationwide preliminary injunction pauses reporting under the Beneficial Ownership Information Reporting Rule for all reporting companies. Finding that the Corporate Transparency Act (CTA) likely exceeds Congress’s powers, the U.S. District Court of the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the CTA, including the Beneficial Ownership Information Reporting […]
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Posted in Practitioner Publications
Tagged Beneficial Ownership, BOI, Corporate Transparency Act, CTA
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Climate-related Disclosures by U.S.-based and Other Companies: Stats from the New IFRS Foundation Progress Report
The IFRS Foundation has published its 2024 progress report on corporate climate-related disclosures. The 2024 report looks at progress by companies globally in making climate-related disclosures, under both the TCFD framework and through early take-up of the IFRS Sustainability Disclosure Standards issued by the International Sustainability Standards Board. The report slices and dices the data […]
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Posted in Practitioner Publications
Tagged Climate, Climate Disclosure, IFRS, TCFD
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Weekly Roundup: December 13-19, 2024
Silicon Valley and S&P 100: A Comparison of 2024 Proxy Season Results Posted by David A. Bell and Wendy Grasso, Fenwick & West LLP, on Friday, December 13, 2024 Tags: Disclosure, Proxy season, S&P 100, Silicon Valley Preparing your 2024 Form 20-F Posted by Connie I. Milonakis, Reuven B. Young, and Maxim Van de moortel, Davis […]
Click here to read the complete post2024 Annual Stewardship Report
Approach to Investment Stewardship Dimensional advocates for stronger governance practices at the companies in which we invest on behalf of our clients because we believe it can improve returns for investors. Dimensional manages global equity and fixed income strategies for clients around the world We aim in all areas to be responsible stewards of our […]
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Posted in Practitioner Publications
Tagged Board of Directors, Proxy voting, Shareholders, Stewardship
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Criminal Investors
A criminal or civil investigation into corporate wrongdoing asks both whether wrongdoing occurred at a firm and, perhaps more importantly, who is responsible for it. Rank-and-file employees, senior executives, outside contractors, the firm itself, and even directors are all potentially within prosecutors’ charging scope. But one group of powerful corporate actors tends to escape such […]
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Posted in Academic Research
Tagged Corporate crime, investments, investor scrutiny, investors
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Will SCOTUS Revive the Nondelegation Doctrine?
When SCOTUS granted cert. in SEC v. Jarkesy, the case challenging the constitutionality of the SEC’s administrative enforcement proceedings, one of the questions presented was whether the statute granting authority to the SEC to elect to use ALJs violated the nondelegation doctrine. Jarkesy had contended that, in adopting the provision in Dodd-Frank permitting the use of […]
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Posted in Practitioner Publications
Tagged FCC, nondelegation doctrine, SEC, Supreme Court
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The Activism Vulnerability Report
Introduction & Market Update As the year draws to a close, there is a growing sense of optimism for M&A activity in 2025, with an anticipated change in the regulatory environment following the elections – one that market commentators believe will be less restrictive. A friendlier M&A backdrop could underpin a pickup in the number […]
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Posted in Practitioner Publications
Tagged Activism, Board of Directors, M&A, Shareholders
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The Court of Chancery’s Approach To Laches and Statutes of Limitations
The doctrine of laches and statutes of limitations both bar claims brought too late. But when does each apply? And how late is too late? A recent case in the Delaware Court of Chancery, MW Gestion v. Sinovac Biotech Ltd., provides insight. In Sinovac, one of the company’s investors sued in 2023, claiming that the company’s board […]
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Posted in Delaware Law Series, Practitioner Publications
Tagged Delaware Court of Chancery, fiduciary duty, Jurisdiction, Statute of limitations
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Capitalism and Crises
Regulation has been getting a bad press. It will be diluted in the US under the Trump administration, it will be curtailed in the EU to revive flagging European economies, and it is blamed for failures in privatized utilities in the UK. An instrument that is supposed to be at the heart of policy formulation […]
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Posted in Academic Research
Tagged ESG, EU, Political Polarization, Regulators
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