Author Archives: Victoria Sidoti

The Chamber and NCPPR file brief challenging SEC climate disclosure rule

As you probably recall, in March 6, the SEC adopted final rules “to enhance and standardize climate-related disclosures by public companies and in public offerings.” (See this PubCo post, this PubCo post, this PubCo post, and this PubCo post.) Even though, in the final rules, the SEC scaled back significantly on the proposal—including putting the kibosh on the controversial mandate for […]

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Climate Disclosure Update

Pencils down on climate disclosure compliance? Not so fast. It is uncertain when or if the SEC’s new climate disclosure rules will come into effect. The ultimate fate of the rules is unclear given the litigation over the rules in the Eighth Circuit. In addition, the SEC recently stayed the rules pending resolution of the […]

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Beyond Risk: Voluntary Disclosure Under Ambiguity

Ambiguity, also known as Knightian uncertainty, is rooted in nearly every real-life decision process. It refers to situations in which both the outcome and the probabilities governing the set of possible outcomes are unknown. Risk, on the other hand, refers to situations where the future outcome is unknown, but the set of possible outcomes is […]

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Should Universities Take a Stand on Public Issues? How Effectively Are Universities Governed?

Harvard and many of our most respected universities are going through a period of unprecedented turmoil. In a recent Harvard Magazine article entitled “Why Americans Love to Hate Harvard,” former Harvard President Derek Bok described the “rising tide of antagonism to higher education.” Why is this happening? Public hostility and mistrust of higher education undoubtedly […]

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Delaware Court Denies Dismissal of Claims Based on Controller and Financial Advisor Conflicts

On May 31, 2024, the Delaware Court of Chancery issued an important decision addressing several key areas of Delaware law related to merger litigation. The opinion indicates that the court will continue to closely scrutinize potential conflicts of interest in M&A transactions involving controlling stockholders and financial advisors, particularly as to disclosures concerning their fees […]

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Court calls a halt to Exxon case against Arjuna

In January, ExxonMobil filed a lawsuit against Arjuna Capital, LLC and Follow This, the two proponents of a climate-related shareholder proposal submitted to Exxon, seeking a declaratory judgment that it may exclude their proposal from its 2024 annual meeting proxy statement. Then, the two proponents notified Exxon that they had withdrawn their proposal and promised not […]

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Vice Capital

The ESG movement has spurred consideration of how investors express positive values in their startup investment decisions. Less examined is the mirror phenomenon—how startups in stigmatized industries access capital. In a move to fill that gap, in our forthcoming article, Vice Capital, we conduct an interview-based study, supplemented with descriptive data, on the funding of […]

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Weekly Roundup: June 14-20, 2024

Developments and Trends in Delaware Officer Exculpation Charter Amendments Posted by Andrew J. Noreuil and Andrew J. Stanger, Mayer Brown LLP, on Friday, June 14, 2024 Tags: charter, delaware, Delaware law, DGCL, OEA, officer exculpation, Stockholder How Should Compensation Committees View 2024 Say on Pay Results? Posted by Blair Jones, Austin Vanbastelaer, Justin Beck, Semler […]

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Shareholders are Not An Antitrust Problem

Not to suggest that they are making up their mind before hearing the evidence, but the House Subcommittee on the Administrative State, Regulatory Reform, and Antitrust may be suggesting their conclusion by titling the June 12 hearing “Climate Control: Decarbonization Collusion in Environmental, Social, and Governance (ESG) Investing.” Having failed to persuade anyone last year […]

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Covid-19 Motivated Changes to Executive Compensation

The COVID-19 pandemic created unprecedented challenges for corporations, leading them to reassess crucial practices including executive compensation, a key component of corporate governance. In our recent article titled, “COVID-19 Motivated Changes to Executive Compensation,” we examine the conditions under which corporations chose to reduce CEO salaries during the pandemic and offer new insights into shareholder […]

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