Author Archives: Victoria Sidoti

HLS Corporate Faculty Excels in SSRN’s 2023 Citation Rankings

Statistics released by the Social Science Research Network (SSRN) indicate that, as of the end of 2023, Harvard Law School Corporate Faculty featured prominently on SSRN’s law author rankings. These professors captured seven of the top 100 slots among the top 100 law authors in all legal areas in terms of citations to their work. Professor Lucian […]

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Comparing the SEC Climate Rules to California, EU and ISSB Disclosure Frameworks

The Securities and Exchange Commission (SEC) adopted its long-awaited climate disclosure rules on March 6, 2024. (For more information, see our recent Cooley client alert, webinar and resource page.) The final rules require US domestic companies and foreign private issuers (FPIs) to disclose qualitative and quantitative climate-related information in their registration statements and periodic reports in general alignment with […]

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Key Considerations for the 2024 Annual Reporting and Proxy Season: Proxy Statements

Each year in our Annual Memo series, White & Case’s Public Company Advisory Group provides practical insights on preparing Annual Reports on Form 10-Ks, Annual Meeting Proxy Statements and, for FPIs, the Annual Report on Form 20-F. This installment of our Annual Memo will focus on key considerations for 2024 Annual Meeting Proxy Statements in three subsections: […]

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AI Governance Appears on Corporate Radar

Key Takeaways Only about 15% of companies in the S&P 500 provide some disclosure in proxy statements about board oversight of AI. Disclosure of board oversight of AI and directors’ AI expertise is primarily found in the information technology sector, with 38% of companies providing some level of board oversight disclosure. 13% of S&P 500 […]

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The Shareholder Activism of Anti-Discrimination Proponents

FEP and Its Goals The authors of this piece represent the Free Enterprise Project of the National Center for Public Policy Research (FEP), which has for nearly 20 years represented the interests of the center/right majority of Americans against ESG efforts that became more coordinated, better funded and more aggressively left-partisan in each of those […]

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The New Framework provided by Moelis

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating whether an agreement impermissibly restricts the authority and duty of directors to manage the business and affairs of the corporation in their […]

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HLS Forum on Corporate Governance Continues Growing

The Harvard Law School Forum on Corporate Governance published a total of 647 posts during 2023, and its readership has continued to display steady growth, including: Attracting more than 200,000 unique readers a month; Having visitors to the Forum coming from 233 countries and territories during the year; and Attracting more than 4.1 million page […]

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Delaware Supreme Court Holds Entire Fairness Applicable to All Conflicted Controller Transactions

The Delaware Supreme Court, in In re Match Group Deriv. Litig., C.A. No. 2020-0505 (April 4, 2024), has held that the test of entire fairness—Delaware’s most stringent standard of review—applies whenever a controlling stockholder stands on both sides of a transaction, absent the procedural protections contemplated by Kahn v. M&F Worldwide Corp. (Del. 2014). The […]

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Order Issuing Stay In the Matter of the Enhancement and Standardization of Climate-Related Disclosures for Investors

On March 6, 2024, the Commission promulgated amendments to its rules that will require registrants to provide certain climate-related information in their registration statements and annual reports (“Final Rules”). Between March 6 and March 14, 2024, petitions seeking review of the Final Rules were filed in multiple courts of appeals.

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Proposed Amendments to DGCL on Stockholder Contracting Would Create More Problems Than They Purportedly Solve

A new frontier of corporate law jurisprudence has emerged. At issue are the limits of corporate contractual freedom and stockholders’ power to change the rules of Delaware corporate law. Recent key cases include the Delaware Supreme Court’s decision in Manti v. Authentix (on waiving appraisal rights) and last year’s decision in New Enterprise Associates v. […]

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