Weekly Roundup: February 2-8, 2024

The Corporate Investment Benefits of Mutual Fund Dual Holdings Posted by Rex Wang Renjie (Vrije Universiteit Amsterdam), Patrick Verwijmeren (Erasmus School of Economics), and Shuo Xia (Halle Institute for Economic Research), on Friday, February 2, 2024 Tags: corporate bonds, Dual holdings, Equity funds, MFDH, Mutual funds The 2023 OECD Corporate Governance Factbook Posted by Daniel […]

Feb 9, 2024 - 21:15

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, February 9, 2024

Editor's Note:

This roundup contains a collection of the posts published on the Forum during the week of February 2-8, 2024

The Corporate Investment Benefits of Mutual Fund Dual Holdings

Posted by Rex Wang Renjie (Vrije Universiteit Amsterdam), Patrick Verwijmeren (Erasmus School of Economics), and Shuo Xia (Halle Institute for Economic Research), on Friday, February 2, 2024

Tags: corporate bonds, Dual holdings, Equity funds, MFDH, Mutual funds

The 2023 OECD Corporate Governance Factbook

Posted by Daniel Blume and Mats Isaksson, OECD, on Saturday, February 3, 2024

Tags: Accounting, Accounting standards, Asia-Pacific, Audit committee, Board composition, Boards of Directors, Company groups, International governance, OECD, Risk management, Shareholder meetings, Sustainability, Sustainability-related disclosure

Using Data Analytics and Artificial Intelligence for Public Disclosures

Posted by David Woodcock, Vivek Mohan, and Hugh N. Danilack, Gibson, Dunn & Crutcher LLP, on Sunday, February 4, 2024

Tags: Activism, AI, Artificial intelligence, data analytics, Environment, litigation, Public disclosures, Risk management, SEC, Sustainability, technology

Caremark Claim Based on Business Risks Dismissed

Posted by Richard Horvath, Stephen Leitzell, and Taylor Jaszewski, Dechert LLP, on Monday, February 5, 2024

Tags: Business risk, Court of Chancery, Delaware Court of Chancery, Delaware law, In re Caremark, Legal compliance, Oversight, Segway v Cai

Why did shareholder liability disappear?

Posted by John D. Turner, Queen’s University Belfast, on Monday, February 5, 2024

Tags: Banks, British, Extended liability, Insurance firms, Limited liability, Shareholder, Shareholder liability, UK, United Kingdom

Exxon proxy suit highlights divide between ESG investing and activism

Posted by Amy D. Roy and Robert A. Skinner, Ropes & Gray LLP, on Monday, February 5, 2024

Tags: Activism, anti-ESG, ESG, ESG investing, ExxonMobil, GHG, proxy statements, SEC

2024 Proxy Season Considerations: Officer Exculpation for Delaware Corporations

Posted by Andrew Allen, Karen Dempsey, and Bobby Bee, Orrick Herrington & Sutcliffe LLP, on Tuesday, February 6, 2024

Tags: delaware, Delaware Supreme Court, Duty of care, Fiduciary duties, officer exculpation, officers, Proxy season, S&P 500, stockholders

2023 Say on Pay & Proxy Results

Posted by Todd Sirras, Austin Vanbastelaer, and Justin Beck, Semler Brossy LLC, on Tuesday, February 6, 2024

Tags: Board of Directors, Diversity, ESG, Executive Compensation, Institutional Investors, Proxy advisors, Proxy season, Say on pay, Shareholder proposals, Shareholder voting

The Future of ESG: Thoughts for Boards and Management in 2024

Posted by Martin Lipton, Karessa Cain, and Carmen Lu, Wachtell, Lipton, Rosen & Katz, on Tuesday, February 6, 2024

Tags: anti-ESG, boards, ESG, Institutional Investors, Long-Term value, Management, Stakeholders

Outlook for M&A and Shareholder Activism in 2024

Posted by James E. Langston and Kyle A. Harris, Cleary Gottlieb Steen & Hamilton LLP, on Wednesday, February 7, 2024

Tags: 2024, Activism, M&A, Private equity, Shareholder activism

Accountability of Corporate Emissions Reduction Targets

Posted by Shirley Lu (Harvard Business School), Shawn Kim (UC Berkeley), and Xiaoyan Jiang (Harvard Business School), on Wednesday, February 7, 2024

Tags: carbon emissions, emissions reduction targets, Environment, Firm disclosures, Media, Media dissemination, Paris Agreement

Voting on ESG: Ever-Widening Differences

Posted by Lindsey Stewart, Morningstar, Inc, on Wednesday, February 7, 2024

Tags: ESG, ESG resolutions, Europe, NBIM, Proxy voting

Financing Year in Review: Evolving Markets and New Trends

Posted by Greg Pessin, John Sobolewski, and Alana Thyng, Wachtell, Lipton, Rosen & Katz, on Thursday, February 8, 2024

Tags: Banks, ECF, Investment Grade Issuers, M&A, Market conditions, Risk allocation

Material ESG Alpha: A Fundamentals-Based Perspective

Posted by Byung Hyun Ahn (Dimensional Fund Advisors), Panos N. Patatoukas (UC Berkeley), and George S. Skiadopoulos (Queen Mary University of London and the University of Piraeus), on Thursday, February 8, 2024

Tags: ESG, ESG alpha, SASB, Stock performance, Sustainability Accounting Standards Board