Author Archives: Victoria Sidoti

The Case Against the SEC’s Final Climate Rules Begins in Earnest (and What It Means)

By Victoria Sidoti | Published Saturday, April 20, 2024

On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that will hear challenges against the Securities and Exchange Commission (SEC or Commission) over its final climate disclosures rules, which were adopted on March 6. On April 4, 2024, the SEC announced that it would voluntarily stay its final […]

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An Early Look at CEO Pay Trends From Proxy Season 2024

By Victoria Sidoti | Published Thursday, April 18, 2024

The 2024 proxy season is in full swing, as public companies are in the process of submitting their proxy statements (DEF14A) to the Securities and Exchange Commission (SEC) ahead of annual shareholder meetings. The proxy statement features detailed information on pressing matters related to executive compensation and corporate governance. This analysis focuses on 2024 proxy […]

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Decoding the SEC’s First “AI-Washing” Enforcement Actions

By Victoria Sidoti | Published Thursday, April 18, 2024

Two recent SEC enforcement actions offer a first look at how the agency is approaching the use of artificial intelligence (“AI”) tools by registered firms. Against the backdrop of its pending proposed rules regarding predictive data analytics (“PDA”) and artificial intelligence, the SEC on March 18, 2024 announced settled charges against two investment advisers—Delphia (USA) Inc. (“Delphia”) and […]

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Pass-Through Voting: Giving Individual Investors a Voice in Corporate Governance

By Victoria Sidoti | Published Wednesday, April 17, 2024

This proxy season, some of the world’s biggest fund managers are launching or expanding pass-through voting programs to give their fund investors a say on how shares of portfolio companies are voted.  Firms such as BlackRock, Vanguard and State Street Global Advisors are reaching out to their fund shareholders and providing them with multiple options […]

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Cybersecurity, audit, and the board: How does board oversight impact cybersecurity performance?

By Victoria Sidoti | Published Tuesday, April 16, 2024

Introduction The rapid escalation in the frequency and severity of cyber incidents has positioned cyber risk as one of the foremost challenges confronting boards. With cyber threats becoming increasingly sophisticated and pervasive, boards are under mounting pressure to effectively address cybersecurity risks to safeguard their organizations’ interests. With projected financial losses from data breaches estimated […]

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HLS Corporate Faculty Excels in SSRN’s 2023 Citation Rankings

By Victoria Sidoti | Published Monday, April 15, 2024

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

By Victoria Sidoti | Published Monday, April 15, 2024

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

By Victoria Sidoti | Published Saturday, April 13, 2024

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

By Victoria Sidoti | Published Thursday, April 11, 2024

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

By Victoria Sidoti | Published Thursday, April 11, 2024

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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