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The Legal Intelligencer

Challenges to Practices from Board Composition to Compensation

Today's board must have the right combination of skill and experience to oversee management in navigating the company's operations through the complex and shifting global and national economic and political landscape. It is no surprise that in this environment board composition keeps attracting shareholders' attention. According to PwC's 2016 Annual Corporate Directors Survey (2016 Survey), "investors are now exerting more influence than ever on how boards and management teams operate" and "the pendulum has swung from a 'board-centric' model ... to an 'investor-centric' model ... in which institutional investors and shareholder activists have an unprecedented say about board composition."
17 minute read

The Legal Intelligencer

Strategies to Achieve an Effective Board of Directors

Institutional investors, stock exchange rules and the Securities and Exchange Commission have all put enhanced corporate governance in the spotlight. Companies should embrace this and internally put a focus on corporate governance since the correct governance toolbox can create an effective and progressive board of directors to steer the company toward strategic and financial success.
9 minute read

The Legal Intelligencer

Creating Long-Term Value by Changing the Supply and Demand

Corporate governance encompasses the rules of engagement, the infrastructure, and the language spoken by the many players in and around the boardroom. Most importantly, however, corporate governance embodies the role of the boards of directors—the decision makers at the top of an organization. A fundamental tenet of corporate governance is that a board of directors makes informed decisions as it carries out its fiduciary duties in the best interests of its shareholders in order to create long-term shareholder value.
15 minute read

The Legal Intelligencer

Uptick in Proposals to Change How Directors Are Nominated

Activist shareholders are looking to have a greater say about the composition of the boards of U.S. public companies. The ultimate goal of these shareholders is to reshape how public company directors are traditionally selected. This movement has been caused, in part, by widely publicized corporate governance and senior management failures. Such scandals, including the recent Wells Fargo fraud scheme, have prompted a higher level of scrutiny not only on the oversight role of directors, but also, more fundamentally, on how qualified directors are nominated. This movement has created what is becoming a new "norm" regarding shareholder proxy access that many public companies have adopted.
17 minute read

Litigation Daily

War Stories: David Boies on the Long Fight—and 'Maddening' Finale—in Defending Hank Greenberg

In an interview by phone from a sailboat in the Caribbean, David Boies tells the story of how he whittled down the epic litigation against ex-AIG CEO Hank Greenberg, why the case finally settled after 12 years of fighting and what he thinks of New York AG Eric Schneiderman's attempt to spin the settlement.
32 minute read

Delaware Law Weekly

Del. Supreme Court Upholds Forced Sale of TransPerfect

On a 4-1 vote, the Delaware Supreme Court late Monday upheld the Delaware Court of Chancery's order to force the sale of TransPerfect Global Inc., a profitable translation-services company deadlocked by tensions between its warring owners.
20 minute read

New York Law Journal

Director Independence to Consider Pre-Suit Demand

Corporate Litigation columnists Joseph M. McLaughlin and Yafit Cohn review a recent Delaware decision that again signals those courts will closely scrutinize personal and business relationships that are asserted as compromising a director's ability to consider a pre-suit demand impartially.
19 minute read

Delaware Business Court Insider

Stockholder Denied Access to Tesla's Books and Records

The Delaware Court of Chancery has refused to open the books of electric carmaker Tesla Motors Inc. to a stockholder who accused the company of fabricating explanations for failing to meet its sales and production benchmarks.
8 minute read

International Edition

Sweatshops, Slavery and GCs

Two decades after retailers got blowback for their labor practices abroad, more top lawyers are stepping into business-focused roles and tackling sustainability and corporate social responsibility efforts.
30 minute read

New York Law Journal

Managing Your Company's Cybersecurity Risks

Gregory J. Bautista lays out some steps to implementing a cybersecurity plan that's right for your organization, writing that starting with cost-effective preventative and educational measures such as employee awareness training can be the best investment you can make.
17 minute read

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