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  • John C. Coffee, Jr. – Boeing and the Future of Deferred Prosecution Agreements By John C. Coffee, Jr.
  • Leveraging Information Forcing in Good Faith By Hillary Sale
  • The Dark Side of Safe Harbors Comment bubble 2 By Susan C. Morse
  • John C. Coffee, Jr. – Mass Torts and Corporate Strategies: What Will the Courts Allow? By John C. Coffee, Jr.
  • Compliance’s Next Challenge: Polarization By Miriam H. Baer
  • Will the Common Good Guys Come to the Shootout in SEC v. Jarkesy? And Why It Matters By Eric W. Orts
  • Climate Disclosure Line-Drawing and Securities Regulation By Virginia Harper Ho
  • Board Committee Charters and ESG Accountability By Lisa M. Fairfax
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board diversity

How Ethnic Diversity on Boards of Directors Shapes Supply Chains

By Yiwen Jin, Minjia Li and Jenny Li Zhang February 7, 2025 by renholding

In a new paper, we investigate whether and how ethnic diversity on boards of directors helps shape a firm’s supply chain. Our empirical findings from a sample of U.S. S&P 1500 firms from 2008 to 2020 show a positive effect …

Stock Exchange Rulemaking After the Fifth Circuit’s AFBR Decision

By James Fallows Tierney January 7, 2025 by renholding

Securities law often relies on stock exchanges and other self-regulatory organizations (SROs) to create rules that structure markets. The SEC reviews and must approve these rules if the agency finds they meet certain statutory requirements. SROs file over a thousand

…

Boardroom Demographic Diversity Hits Record Levels as Substantive Diversity Emerges

By Lawrence A. Cunningham December 10, 2024 by renholding

Fascinating trends are afoot in corporate boardrooms, according to data compiled by The Conference Board and its partners, including us at the University of Delaware’s Weinberg Center for Corporate Governance and collaborators from KPMG, Russell Reynolds, and ESGAUGE.

Our new …

Debevoise & Plimpton Discusses Key Considerations for the 2024 Annual Reporting Season

By Eric T. Juergens, Benjamin R. Pedersen, Paul M. Rodel, Alice Gu and Amy Pereira November 22, 2024 by ngodridge

As November comes to an end, the busy annual reporting and proxy season begins for many public companies. In this Client Update, we highlight key considerations for public companies when preparing their annual reports on Form 10-K or Form 20-F, …

How Comply-or-Explain Disclosure Regulation Can Improve Corporate Governance and Gender Equality

By Aaron A. Dhir, Sarah Kaplan and Maria Arabella Robles October 8, 2024 by renholding

In 2020, the Nasdaq stock market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, making Nasdaq the most …

Queers, Closets, and Corporate Governance

By Darren Rosenblum August 21, 2024 by renholding

Over the past couple of decades, we’ve witnessed enormous progress on LGBTQ+ issues. As a result, the closet remains largely off people’s radar – but for the generation of those who occupy corporate leadership positions, it’s very much a live …

How Shifting to Semi-Annual Financial Reporting Affects Market Dynamics and Governance

By Keren Bar-Hava July 18, 2024 by renholding

In recent years, regulatory shifts in financial reporting have garnered significant attention, especially concerning their implications for corporate governance and market dynamics. One notable change was the 2017 regulatory adjustment on the Tel-Aviv Stock Exchange (TASE), where small-cap firms were …

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How Board Diversity Compares in Private and Public Firms

By Johan Cassel, James Weston and Emmanuel Yimfor December 14, 2023 by renholding

In today’s rapidly evolving corporate landscape, the composition of boards is not just a matter of compliance or social responsibility; it’s a strategic imperative that shapes the future of firms. Amidst growing public scrutiny and socio-economic shifts, particularly following the …

What NASDAQ Disclosures Reveal About LGBTQ+ Representation and Overall Diversity in the Boardroom

By Fabrice Houdart October 13, 2023 by renholding

A ground-breaking study provides new data about diversity on the boards of directors of 3,031 companies (representing 2,503 U.S. and 528 foreign firms) listed on the NASDAQ stock exchange.

The demographic information in the study is based on voluntary self-identification …

The Roles of Boards, Executives, and Stakeholders in Attracting Women to U.S. Corporate Boards

By Lauren Cunningham and Laurie Ereddia July 6, 2023 by renholding

Over the last two decades, firms have been under growing pressure from investors, business leaders, and activists to increase female and minority representation on boards of directors. First adopted by Norway in 2003, regulations relating to boardroom gender diversity have …

Skadden Discusses Increasing Scrutiny of Companies’ ESG Disclosures — Including by ESG Critics

By Tansy Woan and Matthew M. Jang July 6, 2023 by renholding

As public interest and scrutiny into environmental, social and governance (ESG) issues continue to rise, companies face an ever-evolving landscape relating to their ESG disclosures. The Securities and Exchange Commission (SEC) has proposed rules that could require increased ESG disclosures. …

The Jigsaw Puzzle of Corporate Diversity Is Missing Some Pieces

By Akshaya Kamalnath July 3, 2023 by renholding

In a new book, I argue that the conversation about diversity in corporations (legal rules, policy discussions, academic writing, and media narratives) is missing some vital pieces. This means that we are making rules without understanding the full picture …

The Uncertain Role of Institutional Investors in Promoting Corporate Diversity

By Jill E. Fisch May 2, 2023 by renholding

On March 7, 2017, the eve of International Women’s Day, State Street Global Advisors initiated its “Fearless Girl” campaign, an effort to increase the number of female directors on the boards of its portfolio companies.[1]According to State Street, …

ISS Discusses Big EU Changes to Corporate Governance

By Oona Huttunen March 24, 2023 by renholding

The rationale behind a number of recent EU legislation changes focusing on corporate governance has been to prioritise a long-term focus on governance through various transparency measures as well as some concrete requirements for action, and on allowing shareholders and …

ISS Discusses Russell 3000 Boards Becoming More Diverse

By Paul Hodgson, Aditi Aier and Carmen Luk March 1, 2023 by renholding

There has been a lot of talk about how to increase racial and ethnic diversity on U.S. corporate boards as well as many initiatives to help nominating committees identify candidates from under-represented groups. To assess the current situation, ISS Corporate …

How Institutional Ownership and Board Diversity Affect Innovation

By Thi-Thanh Phan and Hai-Chin Yu February 1, 2023 by renholding

In a new paper, we investigate the relationships between institutional ownership, board diversity, and corporate innovation in U.S.-listed firms. Institutional investors play a crucial role in a firm’s operation and exert considerable influence on the efficient monitoring of innovative investment. …

Sustainability, Asset Redeployability, and Board Gender Diversity

By Thunyanee Pothisarn, Pattanaporn Chatjuthamard, Pornsit Jiraporn and Suwongrat Papangkorn January 25, 2023 by renholding

A vital yet surprisingly overlooked aspect of corporate sustainability is asset redeployability. Redeployable assets are those that can be used in several ways. Assets with high redeployability promote sustainability because they can be re-assigned for various purposes as circumstances change, …

Wachtell Lipton Discusses Key Issues for Boards in Corporate Governance for 2023

By Martin Lipton, Steven A. Rosenblum, Karessa L. Cain and Hannah Clark December 6, 2022 by renholding

While the world recovers from the worst of the pandemic, the economic, political and social repercussions will continue to play out in ways that, while unpredictable, are in some respects characterized by observable patterns of cause-and-effect and cyclicality.  The pendulum …

How Board Gender Quotas Affect Stock Prices

By Carlos Fernandez and Shams Pathan December 1, 2022 by renholding

Women have traditionally suffered from discrimination in the labor market (Tatli et al., 2013) and are under-represented in upper management (Thams, Bendell and Terjesen, 2018). To address this widespread gender imbalance, many countries have implemented gender diversity policies ranging from …

How Board Gender Diversity Affects the Relation between CSR and Firm Value

By Yunyi Li, Charl de Villiers, Lina Zixuan Li and Leye Li October 18, 2022 by renholding

The economic benefits of corporate social responsibility (CSR) and workplace gender diversity are areas of growing interest for business leaders and regulators. Research shows that socially responsible activities enhance firm value while irresponsible social activities destroy value and that firms …

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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Reuters
Citi Faces $1 Bln Suit on Mexico Fraud
May 8, 2025
Wall Street Journal
Firm Loses Lawyers Over Trump Deal
May 8, 2025
D&O Diary
Can Event-Driven Securities Class Actions Include Murder of the CEO?
May 8, 2025
Sidley Enhanced Scrutiny
Texas Courts Mull Informal Fiduciaries
May 8, 2025
Wall Street Journal
EV Sales Streak Grinds to a Halt
May 7, 2025
Bloomberg
Apple Eyes Move to AI Browser Search
May 7, 2025
Dealbook
OpenAI’s Plan B Poses Risks
May 7, 2025
Sidley Enhanced Scrutiny
U.S. Court Finds Sixth Amendment Right to Advancement of Legal Fees
May 7, 2025
Deal Lawyers.com
Delaware Chancery Rejects Claim that 46% Stockholder Is a Controller
May 7, 2025
Reuters
China, U.S. to Talk Trade Saturday
May 6, 2025
Wall Street Journal
U.S. Orders Intelligence Agencies to Step Up Spying on Greenland
May 6, 2025
Freshfields' A Fresh Take
DOJ, FTC Seek Ways to Deregulate
May 6, 2025
D&O Diary
Covid Securities Suits Keep Coming
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Deal Lawyers.com
Delaware Court Refuses to Dismiss Case Based on Letter of Intent Breach
May 6, 2025
Reuters
PwC to Slash 1,500 U.S. Jobs
May 5, 2025
Wall Street Journal
OpenAI Nixes For-Profit Conversion
May 5, 2025
Bloomberg
Harvard Blocked from New Funding
May 5, 2025
D&O Diary
Texas Exchange Is Delaware Corp.
May 5, 2025
Financial Times
U.S. Lawmakers Urge SEC to Delist Alibaba and Chinese Companies
May 5, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery OKs Contract Reformation Claim for Mutual Mistake
May 4, 2025
Dealbook
Buffett Changed Investor Thinking
May 4, 2025
D&O Diary
DEI Shift Portends New Litigation
May 4, 2025
Business Roundtable
How to Fix the Proxy Process
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Business Law Prof Blog
A Nevada to Delaware Reincorporation
May 4, 2025
Wall Street Journal
Tesla Searched for Musk Replacement
May 1, 2025
D&O Diary
SPACs May Be Back in 2025
May 1, 2025
Securities and Exchange Commission
Texan Trio Charged in Ponzi Scheme
May 1, 2025
Bloomberg
No Jail for Unpaid SEC Settlement
May 1, 2025
The Activist Investor
The 2025 Proxy Contests So Far
May 1, 2025
Reuters
Ukraine, U.S. to Sign Minerals Deal
April 30, 2025
Bloomberg
EU to Offer Trade Proposals Next Week
April 30, 2025
D&O Diary
European Parliament Delays EU Sustainability Reporting Requirements
April 30, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Rejects Appraisal Procedure to Seek Books and Records
April 30, 2025
Deal Lawyers.com
Delaware Supreme Court Clarifies Indemnification-Claim Procedures
April 30, 2025
Reuters
Amazon in White House Crosshairs over Report of Displaying Tariff Costs
April 29, 2025
Wall Street Journal
Trump Softens Blow of Auto Tariffs
April 29, 2025
New York Times
Dodgy Tether Now Crypto Darling
April 29, 2025
D&O Diary
Covid Effects Drive Securities Suit
April 29, 2025
Sidley Enhanced Scrutiny
Controller’s Breach of Fiduciary Duty Leads to a Novel Remedy
April 29, 2025
Wall Street Journal
Elite Universities Join to Fight Trump
April 28, 2025
Dealbook
Tariffs Squeeze Weak UK Car Biz
April 28, 2025
D&O Diary
Can Worker AI Use Put Execs at Risk?
April 28, 2025
Bloomberg
New Chair Atkins Says SEC Has Enough Authority to Regulate Crypto
April 28, 2025
Reuters
SEC Lost 16% of Staff in Last Year
April 28, 2025
Business Law Prof Blog
Texas, Nevada Lure Delaware Firms
April 27, 2025
Reuters
Trump Spares Fed, IMF, World Relieved
April 27, 2025
Wall Street Journal
China’s Huawei Creates New AI Chip
April 27, 2025
D&O Diary
Tariff Evasion May Prompt FCA Claims
April 27, 2025
SEC Actions
What’s SEC Jurisdiction in Crypto?
April 27, 2025
Wall Street Journal
Paramount Mulls Merger Concessions
April 24, 2025
Reuters
Median CEO Pay Hits Record $16.8 Mln
April 24, 2025
Delaware Business Litigation Report
Delaware Chancery Denies Attorneys’ Fees Despite Fiduciary Breach
April 24, 2025
Dealbook
Has Tariff Fight Passed Its Peak?
April 24, 2025
Bloomberg
SEC Eyes Wall Street’s WhatsApp Use
April 24, 2025
Reuters
US Calls Apple, Meta Fines “Extortion”
April 23, 2025
Wall Street Journal
Trump Fetes Top Meme-Coin Investors
April 23, 2025
Dealbook
Top M&A Lawyer Arthur Fleischer Dies
April 23, 2025
CoinDesk
Unicoin Rejects SEC Settlement Offer
April 23, 2025
Securities and Exchange Commission
SEC Awards Whistleblowers $6 Mln
April 23, 2025
Bloomberg
Mayor Adams Prosecutors Resign
April 22, 2025
Wall Street Journal
FTC Sues Uber Over Billing Practices
April 22, 2025
Dealbook
Boeing in $10 Bln Digital Business Sale
April 22, 2025
D&O Diary
What to Expect from an Atkins SEC
April 22, 2025
Sidley Enhanced Scrutiny
U.S. Court Finds Sixth Amendment Right to Advancement of Legal Fees
April 22, 2025
Reuters
Tesla Settles Wrongful Death Suit
April 21, 2025
Bloomberg
Millionaire Tax Would Yield $400 Bln
April 21, 2025
Wall Street Journal
DOJ Urges Sale of Google Browser
April 21, 2025
Dealbook
On Pope Francis’ Business Diplomacy
April 21, 2025
Reuters
Google to Appeal Monopoly Ruling
April 20, 2025
D&O Diary
California Bars Insurance Coverage for Settlement and Defense Costs
April 20, 2025
Bloomberg
White House Seeks to Bring Financial Regulators Under Its Control
April 20, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Dismisses Entire Fairness Claim Before Discovery
April 20, 2025
Business Law Prof Blog
Advance Notice Bylaw Case Not Ripe
April 20, 2025
Bloomberg
Can Trump Fire Fed Chair Powell?
April 17, 2025
Reuters
Trump: US-Ukraine Near Mineral Deal
April 17, 2025
Wall Street Journal
Judge: Google Runs Ad Monopoly
April 17, 2025
New York Times
EU Central Bank Cuts Interest Rates
April 17, 2025
Securities Regulation and Corporate Governance Monitor
New Guidance on Clawback Disclosures
April 17, 2025
Reuters
Pre-Tariff Buying Fuels U.S. Sales
April 16, 2025
Wall Street Journal
Google Fears UK Antitrust Suit on Ads
April 16, 2025
New York Times
Extreme Tariffs Now Looking Normal
April 16, 2025
Bloomberg
SEC Resists DOGE Data Request
April 16, 2025
Bloomberg
Millionaire Tax Hike Gains Steam
April 15, 2025
D&O Diary
Trump Takes Aim at State ESG Plans
April 15, 2025
New York Post
Heat Is on New SEC Chair Atkins to Crack Down on Chinese Companies
April 15, 2025
Wall Street Journal
DOJ Retreats from White Collar Cases
April 15, 2025
Reuters
U.S. GAO to Probe Changes at SEC
April 15, 2025
Bloomberg
Zuckerberg Testifies in Antitrust Trial
April 14, 2025
Wall Street Journal
Tariffs Fuel Banks’ Trading Revenue
April 14, 2025
Freshfields' A Fresh Take
Feds Issue Latest Threat Assessment
April 14, 2025
D&O Diary
Can White-Collar Crooks Rest Easy?
April 14, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Clarifies Argument for “Demand Futility”
April 14, 2025
Cooley M&A
UK Merger Control Shifting Fast
April 13, 2025
Dealbook
PGA-LVA Golf Merger Looks Dead
April 13, 2025
Freshfields' A Fresh Take
Another State Passes “Baby HSR Act”
April 13, 2025
D&O Diary
Tech Exec Hit With Securities Fraud for Attributing Humans’ Work to AI
April 13, 2025
Business Law Prof Blog
Post-SB 21 Delaware Exits Up to Eight
April 13, 2025
Reuters
Tariff Pause Adds to CEO Uncertainty
April 10, 2025
D&O Diary
Court Rules Short Seller Report Allegations Insufficient for Loss Causation
April 10, 2025
Law.com
Senate Confirms Atkins as SEC Chair
April 10, 2025
Bloomberg
Novel Crypto Rulings to Fill SEC Void
April 10, 2025
Corporate & Securities Law Blog
Delaware Chancery Ruling Balances National Security and Closing Conditions
April 10, 2025

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