Author Archives: Tarik Samman

Cyber Whistleblower Leads to DOJ Civil Settlement

By Tarik Samman | Published Thursday, November 21, 2024

Key Takeaways: Companies should consider adding cybersecurity personnel to their compliance teams.  Given the technical nature of many cyber and AI whistleblower claims, it is important that the investigation team has the necessary expertise to evaluate the allegations or has access to consultants who can assist in that evaluation. Companies should also take steps to […]

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Largest Companies View AI as a Risk Multiplier

By Tarik Samman | Published Wednesday, November 20, 2024

We are certainly continuing to live in “interesting times.” Even when we feel as though the volume and velocity of risks can’t possibly accelerate further, they do. The past 12 months have seen US companies reacting to numerous cyber events, unprecedented political activity, conflicts in the Middle East and Europe, fluctuations in the US economy, […]

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Securities Litigation and Enforcement Highlights

By Tarik Samman | Published Wednesday, November 20, 2024

Cooley’s securities litigation + enforcement group continued to share key insights on key cases and developments in securities litigation throughout the spring and summer. They highlighted important decisions in Delaware courts, precedent-setting cases in the US Supreme Court and appellate courts, and recent developments at the Securities and Exchange Commission (SEC), as well as trends […]

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CEO Succession Practices in the Russell 3000 and S&P 500

By Tarik Samman | Published Tuesday, November 19, 2024

Chief executive succession rates have dropped after a peak during the pandemic, but an impending wave of retirements among older CEOs underscores the need for boards to focus on long-term planning. This report offers comprehensive data on current trends in CEO succession among US public companies, along with best practices for leadership transitions. Key Insights […]

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The Moral Preferences of Investors Experimental Evidence

By Tarik Samman | Published Tuesday, November 19, 2024

Over recent years, responsible asset management has developed considerably in size. However, the exact nature of responsible investors’ preferences remains somewhat elusive. Our paper investigates the moral preferences of investors through incentivized experiments. There are essentially two main views of investors’ ethical preferences in the literature. Value-alignment refers to investors’ aversion to owning shares in companies […]

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A Second Trump Administration: Implications for Asset Managers

By Tarik Samman | Published Tuesday, November 19, 2024

On Wednesday, November 6, 2024, major media outlets announced Donald J. Trump as the winner of the 2024 U.S. presidential election.  This alert discusses the potential impact of Mr. Trump’s election on the U.S. Securities and Exchange Commission (the “SEC”) and the regulation of asset managers more generally.

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U.S. Shareholder Proposals: A Decade in Motion

By Tarik Samman | Published Monday, November 18, 2024

Shareholder proposals, often seen as a bellwether of investor sentiment and preferences, have gone through a significant shift over the past decade. The number of proposals on environmental and social topics exploded, surpassing the governance and compensation topics that had dominated the discourse in mid-2010s. In recent years, discussions related to environmental, social, and corporate […]

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Section 13 and 16 Developments: Lessons Learned from Recent SEC Enforcement Actions

By Tarik Samman | Published Monday, November 18, 2024

Over the past year, the U.S. Securities and Exchange Commission (“SEC”) has intensified its focus on beneficial ownership reporting under Sections 13(d), 13(g) and 16(a) of the Securities Exchange Act of 1934 (“Exchange Act”), as well as seemingly starting to focus on enforcement of reporting obligations under Sections 13(f) and 13(h) of the Exchange Act. […]

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Type and Magnitude of Non-Employee Director Compensation Increases

By Tarik Samman | Published Sunday, November 17, 2024

An analysis of multi-year trends in non-employee director compensation revealed that approximately 35% – 40% of companies made program adjustments in any given year. Most elected to increase the equity component only or coupled increases in the cash component with a corresponding increase in equity. The analysis further revealed the following takeaways that indicate that […]

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How Investment Stewardship Of Digital, Cybersecurity and Systemic Risk Governance Drives Alpha

By Tarik Samman | Published Saturday, November 16, 2024

The role of corporate governance has never been a more vital control in securely delivering on the potential of the digital future. As the economic outputs and risks from digital business systems increase and expand, boardroom effectiveness is vital to how companies use and protect the digital business systems delivering their future. As fiduciaries, asset […]

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