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Jenner & Block

Client Alert: DEI on the Defensive—Predictions for 2025

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While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more

Keating Muething & Klekamp PLL

Securities Snapshot: 4th Quarter 2024 - 2025 Reporting Season – Key Considerations

As we bid farewell to 2024, we welcome not only another year but also several new disclosure requirements. In this Snapshot, we summarize several developments and best practices for public companies to consider as the 2024...more

A&O Shearman

Personal protection: perk or necessity?

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The shocking murder of Brian Thompson, the Chief Executive Officer of UnitedHealthcare, while walking to an investor meeting in New York City on December 4, 2024, has caused many boards of directors and executive teams to...more

Ankura

Foundational Steps for Executives to Create a Shared Vision for a Transformation Program

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Previously, we introduced the following basic concepts to help create a healthy transformation program culture: 1. Executive Engagement, 2. Shared Vision, 3. Guiding Principles, 4. Clear Governance, and 5. Change Management....more

Bass, Berry & Sims PLC

SEC Charges Former Public Company Director and CEO with Concealing Close Friendship with Company Executive

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As most public companies enter their fourth fiscal quarter and look ahead to filing their Form 10-Ks and proxy statements, a recent settlement agreement announced by the Securities and Exchange Commission (the SEC) serves as...more

Allen Matkins

Has Your Corporation Unwittingly Agreed To Indemnify Its "Executives"?

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The "usual suspects" when looking for director and officer indemnification requirements are...more

Allen Matkins

Can Shareholders Elect Corporate Officers?

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The classic model of corporate governance is that the board of directors appoints and removes the principal corporate officers.  This is consistent with the general principle that the business and affairs of a corporation...more

Thomas Fox - Compliance Evangelist

Enterprise Risk Assessment: Essential Strategies for Compliance Professionals

An Enterprise Risk Assessment is fundamental to managing an organization’s strategic and operational landscapes. For compliance professionals, navigating the intricate world of risk can be particularly complex yet crucial. It...more

J.S. Held

INDEPTH FEATURE: Corporate Fraud & Corruption 2024

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To what extent are boards and senior executives in your country of focus taking proactive steps to reduce incidences of fraud and corruption from surfacing within their company? Over the past several years, there has been...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fighting Early Obsolescence: New EU Directive Extends Liability Risks

On 6 March 2024, the EU published directive 2024/825/EU, intended to bolster consumer rights in the face of environmental challenges. The directive seeks to clarify companies’ liability concerning information obligations...more

Moore & Van Allen PLLC

Directors and executives take note: Delaware court voids Elon Musk’s $55B Tesla pay package

”Was the richest person in the world overpaid?” That is the question that the Delaware Court of Chancery answered in its Jan. 30, 2024, decision in the shareholder derivative action Tornetta v. Musk, et al., C.A. No....more

Skadden, Arps, Slate, Meagher & Flom LLP

Court of Chancery Finds Officer Liable for Competing With Corporation and Misappropriating Trade Secrets

On September 1, 2023, Vice Chancellor Paul A. Fioravanti, Jr. of the Court of Chancery delivered a decision finding that the president of a plaintiff company and a second business the president had formed and served...more

Allen Matkins

Court Rules Director Of California Corporation Has A Duty To Disclose When Soliciting Consents

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The California General Corporation Law permits shareholders to take action by written consent, unless otherwise provided in the articles of incorporation.  Cal. Corp. Code § 603(a).  When shareholder action is taken by...more

Allen Matkins

When May Shares Be Voted Without A Proxy Or Without Transfer Into The Holder's Name?

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In most cases, Generally speaking, only the record owners of shares on the record date are entitled to vote under the California General Corporation Law.  As with most generalizations, however, there are exceptions.  For...more

Mayer Brown Free Writings + Perspectives

Waivers of Code of Conduct for Nasdaq Listed Companies

On September 5, 2023, the Securities and Exchange Commission (the “SEC”) posted and declared effective a Nasdaq rule proposal modifying requirements related to a waiver of the code of conduct in Listing Rules 5610 and...more

Allen Matkins

Was "Principal Executive Office" A Grave Tautology?

Allen Matkins on

Last week, I wrote about legislation, 2022 Cal. Stats. ch. 617, that among other things eliminated the word "executive" from the numerous sections of the California Corporations Code containing the phrase "principal executive...more

Morrison & Foerster LLP

Should You Amend Your Charter to Provide for Officer Exculpation? Key Considerations for Delaware Corporations

On August 1, 2022, the Delaware General Corporation Law Section 102(b)(7) was amended to extend exculpation rights to executive officers. The new amendment permits a corporation to adopt exculpatory language in its...more

Allen Matkins

If The Court Of Chancery Is Predictable, Why Does Anyone Bother To Go To Court?

Allen Matkins on

In a recent posting on the Business Law Prof [sic] Blog, William S. Boyd School of Law Professor Benjamin Edwards wrote about a recent order issued by Nevada state District Court Judge Timothy C. Williams.  The case involved...more

Skadden, Arps, Slate, Meagher & Flom LLP

Two Directors Share Lessons on Building a Highly Functioning Board

Alexander M. Cutler, lead director of DuPont de Nemours, Inc. Q: Based on your experience, what are some of the key elements of a highly functioning board? A: Recognizing that there is no “one size fits all” blueprint, my...more

International Lawyers Network

Establishing a Business Entity in Hungary (Updated)

Since 1990, the Hungarian economy is based on the principles of market economy and considers the freedom of economic competition as a priority. On such basis, the regulation of business associations went through significant...more

Allen Matkins

Must Board Meeting Notices Be Ingenuous?

Allen Matkins on

Yesterday's post briefly discussed former Chancellor William Chandler's ruling in Fogel v. U.S. Energy Systems, Inc., 2007 Del. Ch. LEXIS 178.  In finding that no valid board meeting had occurred, Chancellor Chandler stated...more

International Lawyers Network

Establishing a Business Entity in Hungary (Updated)

Since 1990, the Hungarian economy is based on the principles of market economy and considers the freedom of economic competition as a priority. On such basis, the regulation of business associations went through significant...more

Oberheiden P.C.

Keys to Performing a Corporate Compliance Audit

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Compliance is a top legal concern for companies in all industries. From adequately protecting customer and employee data to avoiding allegations of bribery and fraud, compliance can mean different things under different...more

NAVEX

From Compliance to Risk Management to Better Performance

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For some time now, we’ve been saying on this blog that strong corporate compliance goes hand-in-glove with strong enterprise risk management. The former is often a subset of the latter, and the latter is crucial for a...more

Husch Blackwell LLP

Working Together: Tips for Ensuring A Compliant Relationship Between You and Your Hospice Board

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In this episode, Husch Blackwell's Meg Pekarske is joined by colleague Stephanie Kaiser for a rich conversation on what it means for a hospice board to carry out its fiduciary duties and how this relates to the role and...more

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