Author Archives: Tarik Samman

FTC Noncompete Rule Is Set Aside, But Appeal Is Expected and States May Act

By Tarik Samman | Published Thursday, September 5, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That rule, which was scheduled to take effect on September 4, 2024, would have broadly banned virtually all noncompete clauses […]

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Dealing with Activist Hedge Funds and Other Activist Investors

By Tarik Samman | Published Wednesday, September 4, 2024

Activism has remained robust over the past year, following a post-pandemic rebound. As we have previously noted, regardless of industry, size or performance, no company is too large, too popular, too new or too successful to consider itself immune from activism. Although poor stock price performance and operational and strategic missteps can increase vulnerability, even […]

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The Politicization of Social Responsibility

By Tarik Samman | Published Wednesday, September 4, 2024

Our paper analyzes whether institutional investors’ votes on environmental and social proposals, commonly referred to as socially responsible investing (SRI) proposals, differ with which political party currently controls the government of the firm’s headquarters state. We find that institutional investors are less likely to back these proposals for firms headquartered in states governed by Republican […]

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Private company outlook: Governance

By Tarik Samman | Published Tuesday, September 3, 2024

Deloitte asked 100 C-level private business leaders about their outlook regarding business priorities, corporate governance, AI and business risks in the next 12 months. OBJECTIVE Deloitte Private’s pulse survey, “Private Company Outlook,” gauges private company leaders’ perspectives on opportunities and risks to business now and in the future. AUDIENCE The survey of 100 private company […]

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SEC Files Brief in Support of Climate Disclosure Rules

By Tarik Samman | Published Sunday, September 1, 2024

What You Need To Know The U.S. Securities and Exchange Commission (SEC) has filed a legal brief in the Eighth Circuit Court of Appeals in support of its controversial climate disclosure rules (Climate Rules). The SEC argues it has express statutory authority from Congress to adopt the Climate Rules, that it acted reasonably in adopting […]

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The tech-forward boardroom: Fostering richer boardroom conversations on technology

By Tarik Samman | Published Saturday, August 31, 2024

As technology continues to be an important driver in business transformation across organizations, there’s been a steady increase in boards looking to appoint board members with technology experience over the past few years. According to Deloitte’s 2023 Global Technology Leadership Study, 67% of organizations surveyed say at least one of their board members has experience in […]

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Misalignment Under the Radar: Stealth Dual-Class Stock

By Tarik Samman | Published Friday, August 30, 2024

Executive Summary Traditional dual-class or multi-class stock structures have received significant attention from market participants because of the disconnect they create between voting rights and economic ownership, thereby insulating company insiders from accountability to the company’s owners. However, it is important for investors to understand that companies can deliver substantially similar entrenchment mechanisms without creating […]

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Weekly Roundup: August 23-29, 2024

By Tarik Samman | Published Friday, August 30, 2024

Federal Court Issues Nationwide Injunction Blocking FTC Non-Compete Ban Posted by Michael J. Schobel, Erica E. Aho, and Jonathan C. Nickas, Wachtell, Lipton, Rosen & Katz, on Friday, August 23, 2024 Tags: FTC, Ryan LLC v. FTC Integrating Geopolitics and Sustainability for Future-Ready Leadership Posted by Fatima Hadj, Chloe Demrovsky, and Frederik Otto, The Sustainability […]

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Proxy Season Global Briefing: Shareholder Rights & Corporate Governance

By Tarik Samman | Published Thursday, August 29, 2024

The 2024 proxy season saw shareholder rights and corporate governance standards put to the test. Prioritizing market competitiveness, exchanges and regulators in several countries proposed or implemented reforms that threaten longstanding investor protections; the U.S. saw an increase in accounting and anti-takeover concerns, as issuers that listed during the 2020-2022 SPAC/IPO boom continue to adjust […]

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The Golden Revolving Door

By Tarik Samman | Published Thursday, August 29, 2024

Summary In the dynamic landscape of today’s interconnected global economy, geopolitical disruptions can send shockwaves along global supply chains through international trade. While many firms struggle to navigate these turbulent waters, some manage to sail smoothly—and even thrive. The secret? Our latest research discovers that government connections, especially those established by recruiting ex-government employees, play […]

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