Article by Gavin Blair in The Trade News – excerptfrom the article –
The Tokyo Stock Exchange (TSE) sent out a letter recently to all listed companies warning that they would be put on a 'watch-list' if information was not released at the proper time and through the appropriate channels.
Month: October 2014
MoFo: “Department Of Justice Official Provides Fresh Guidance on What Constitutes an Effective Corporate Compliance Program”
Morrison Foerster: When can a corporation’s compliance program help stave off indictment? Or at least secure it more lenient treatment from the Department of Justice when resolving a case? DOJ has given fresh guidance on this issue for our clients, signaling what we see as a new emphasis in evaluating corporate compliance. That guidance came in October 7, 2014 remarks by Marshall L. Miller, the Criminal Division’s Principal Deputy Assistant Attorney General (PDAAG).
Sodali: “Directors Should Communicate With Shareholders”
(by John C. Wilcox, Chairman, Sodali) – To demonstrate their effectiveness, corporate boards should increase transparency, provide an annual report of boardroom activities and take charge of their relations with shareholders.
NACD: “Cyber-Risk Oversight Handbook”
Leading companies view cyber risks in the same way they do other critical risks—in terms of a risk-reward trade off. This is especially challenging in the cyber arena for two reasons. First, the complexity of cyber threats has grown dramatically. Corporations now face increasingly sophisticated events that outstrip traditional defenses. As the complexity of these attacks increases, so does the risk they pose to corporations. As noted above, the potential effects of a data breach are expanding well beyond information loss to include significant damage in other areas.
Skadden: “Cross-Border Investigations Update”
Skadden has published a useful report about trends and specific developments and cases relevant to this topic. Today’s multinational corporations are well aware that regulatory and law enforcement investigations are often global in scope. U.S. authorities, for example, currently are conducting high-profile cross-border investigations concerning corrupt practices or bribery, market manipulation, tax fraud, price-fixing and sanctions violations, among other areas.
Thomson Reuters Report: “Climb to the Top – Tracking Gender Diversity on Corporate Boards”
(ThomsonReuters, 10/22/2014)
For the first time, more than half of public companies reported that women make up 10 percent or more of their board.Our latest report, Climb to the Top – Tracking Gender Diversity on Corporate Boards, reveals that boards are making slow but steady progress towards gender equality. Using data from Thomson Reuters ASSET4, the study looked at the gender diversity of the boards of more than 4,000 public companies globally.
Australia’s New Corporate Governance Code: A Model for Japan to Follow?
This year Australia (the ASX stock exchange) has amended its corporate governance code. The new codesets forth requirementsfor director induction programs and ongoingtraining, and requires companies tohave and disclose a board skills matrix setting out the mix of skills and diversity that the board currently has or is looking to achieve in its membership.
” Recommendation 2.6
Deliberations of Advisory Panel for Japan’s Corporate Governance Code Proceed into the Details
Deliberations by the advisory panel for Japan's first corporate governance code are proceeding, with more specific suggestions and proposals coming forth. Last week, a translation of another governance code in Asia (Singapore's) was added to the many other nations' codes that have been distributed as reference. Also, Mr. Toyama submitted a draftcorporate governance code, with many specifics, e.g.
Possible Prosecution of Tepco Executives Delayed
(Japan Times, 10/25/2014) Prosecutors have delayed for three months a decision on whether to charge three former executives of Tokyo Electric Power Co. for their handling of the 2011 Fukushima disaster, an official with a panel that requested the indictments said Friday.
Canadian Disclosure Rules Regarding Women on Boards, Effective in 2015
（Quote from Andrew MacDougall,Partner at Osler, Hoskin & Harcourt LLP） Securities administrators in all Canadian jurisdictions other than Alberta and British Columbia have approved the final rule. The new rule is largely unchanged from the proposals issued earlier this year.