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The Harvard Law School Forum on Corporate Governance Press Releases

871 Press Releases

Published on July 1, 2024 - 18:27 GMT

Proposed DGCL Amendments Depart From Delaware’s Historical Approach to Activism and Takeover Defense

When Delaware Governor John Carney applies his signature to Senate Bill 313, which is expected to occur shortly, the market practice amendments to the Delaware General Corporation Law (the “DGCL”) will officially be incorporated into the DGCL. Thereafter, …

Distribution channels: Education
Published on July 1, 2024 - 18:27 GMT

Delaware and a Close Look at Independence

Key Takeaways A Delaware judge’s decision to void $55.8 billion in compensation for Elon Musk was a noteworthy event for shareholders and corporate issuers, not only regarding compensation, but also the complexities around evaluating director independence. …

Distribution channels: Education
Published on June 30, 2024 - 18:38 GMT

Recent Updates in Delaware Disclosure Law

The Delaware Supreme Court recently issued two opinions weighing in on the scope of disclosures involving board advisors in connection with M&A transactions that warrant close attention. In both rulings — each written en banc — the Delaware Supreme …

Distribution channels: Education
Published on June 29, 2024 - 19:00 GMT

SEC Expands Scope of Internal Accounting Controls to Encompass Companies’ Cybersecurity Practices

In another extension of the internal accounting controls provisions of the securities laws, this week the Securities and Exchange Commission (the “Commission” or “SEC”) announced a settled enforcement action with a public company victimized by a ransomware …

Distribution channels: Education
Published on June 28, 2024 - 18:46 GMT

Weekly Roundup: June 21-27, 2024

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, June 28, 2024 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of June 21-27, 2024

Distribution channels: Education
Published on June 28, 2024 - 18:46 GMT

Minimum Viable Signal: Venture Funding, Social Movements, and Race

On 25 May 2020, Minneapolis police officer Derek Chauvin placed his knee on the neck of George Floyd for 9.5 minutes. The ensuing Black Lives Matter (BLM) social movement spurred reflection not only regarding police brutality but also drew attention to the …

Distribution channels: Education
Published on June 27, 2024 - 14:37 GMT

A Survey of Non-Independent Directors at S&P 500 Companies

Board composition remains a critical issue for public companies as investors and other stakeholders evaluate the skills, qualifications, and background of directors. It is well-known that stock exchange rules generally only require that a company’s board …

Distribution channels: Education
Published on June 27, 2024 - 14:37 GMT

Measure of Leadership: CEOs and Directors on Navigating Change

LEADERS ARE PRIORITIZING ISSUES WITHIN THEIR CONTROLPercentage who say each of the following is a priority and they are addressing it In our large-scale survey, CEOs and board directors are focused on shoring up the foundation of their organizations at a …

Distribution channels: Education
Published on June 27, 2024 - 14:37 GMT

Validating Valuation: How Statistical Learning Can Cabin Expert Discretion in Valuation Disputes

Introduction Financial valuation is a cornerstone of modern commercial litigation, influencing outcomes across substantive areas of legal dispute, from bankruptcy to tax and corporate law. However, its ubiquity comes with substantial challenges for the …

Distribution channels: Education
Published on June 26, 2024 - 18:46 GMT

SEC Targets AI Washing in Private Capital Markets

On June 11, 2024, the U.S. Securities and Exchange Commission (“SEC”) filed its third matter this year involving “AI washing”—namely, alleged misstatements or omissions by securities market participants about the use of artificial intelligence (“AI”). This …

Distribution channels: Education
Published on June 26, 2024 - 18:46 GMT

Publicly Traded Public Benefit Corporations: An Empirical Investigation

Many corporations seek to persuade their investors, customers, and employees that they care not only about profits but also about corporate constituencies such as workers, communities, and the environment. So-called public benefit corporations (“PBCs”) are …

Distribution channels: Education
Published on June 26, 2024 - 18:46 GMT

DEI Metrics in Executive Compensation

June 29th marks the one-year anniversary of the landmark Supreme Court decision in Students for Fair Admissions v. Harvard, which eliminated affirmative action in college admissions. Following the Court’s decision, companies’ diversity, equity, and …

Distribution channels: Education
Published on June 25, 2024 - 15:11 GMT

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, …

Distribution channels: Education
Published on June 25, 2024 - 15:11 GMT

The Social Benefits of Control

Multiclass share structures have exploded in popularity over the past twenty years since Google went public with one in 2004. This uptick has occurred despite profound concerns over the threats such structures can pose to good governance. Multiclass …

Distribution channels: Education
Published on June 25, 2024 - 15:11 GMT

ESG Engagements in 2024

Key trends to emerge from ESG engagements in 2023 and Q1 2024. As global regulators look to increase corporate ESG accountability, an increasing number of companies are identifying climate change as a risk in their corporate disclosures. In 2023, 76.2% of …

Distribution channels: Education
Published on June 24, 2024 - 18:48 GMT

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 …

Distribution channels: Education
Published on June 24, 2024 - 18:48 GMT

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, …

Distribution channels: Education
Published on June 24, 2024 - 18:48 GMT

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 …

Distribution channels: Education
Published on June 23, 2024 - 18:39 GMT

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 …

Distribution channels: Education
Published on June 22, 2024 - 14:16 GMT

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 …

Distribution channels: Education

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