The Board and C-suite are asking hard questions about risk. And they are seeking better processes to manage uncertainty in a challenging economic and regulatory environment.
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Morrison Foerster – SEC Will Not Appeal Proxy Access Decision; Shareholder Proposal Amendments Will Take Effect
On September 6, 2011, Mary L. Schapiro, Chairman of the Securities and Exchange Commission (SEC), issued a statement indicating that the SEC would not seek rehearing of the recent decision of the United States Court of Appeals for the District of Columbia Circuit (the Court) that vacated the SEC's proxy access rule, nor would the SEC seek Supreme Court review.
J.P. Morgan: “Impact Investments: An Emerging Asset Class”
Investments intended to create positive impact beyond financial return
Impact investments are investments intended to create positive impact beyond financial return. This definition captures the key themes characterizing impact investments as illustrated in Figure 1: impact investments provide capital, expecting financial returns, to businesses (fund managers or companies) designed with the intent to generate positive social and/or environmental impact.
Investors and investments range broadly, across sectors and objectives
Another Look at Force Majeure and MAC Clauses After the Great East Japan Earthquake
Since the earthquake, a lot of Japanese companies – and foreign companies – realized all the more howimportant force majeure and MAC clauses can be. Thismemo by White & Case presents the basics ofthese vitally important drafting issues, which board membersneed to be aware of when assessing the risks in a transaction.
The New Anti-Corruption Rules: What Do They Mean for Multinationals With Operations in Asia?
White and Case has produced these very helpful short memos on anti-corruption laws, their implications, and what the future may hold:
The New Anti-Corruption Rules: What Do They Mean for Multinationals With Operations in Asia? http://bdti.mastertree.jp/f/fxdigvha
Compliance with [the UK]Bribery Act 2010http://bdti.mastertree.jp/f/emn3bvh0
Looking Through the Wrong End of the Telescope: The Japanese Judicial Response to Steel Partners, Murakami, and Horie
OVERVIEW: POISON PILL DOCTRINE IN SEARCH OF A PHILOSOPHY
When the Bulldog Sauce case landedat the doorstep of the Japanese
Supreme Court in July 2007, one suspects that the Court greeted it with all the enthusiasm of a homeowner who opens the front door to collect the morning paper, only to findwaiting a basket full oforphaned kittens.
Are G20 Commitments and Dodd-Frank in Sync?
A senior financial economist at the Office of the Comptroller of the Currency has published a paper entitled U.S. Domestic and International Financial Reform Policy: Are G20 Commitments and the Dodd-Frank Act in Sync?. The paper provides a useful overview of the relationship of these two important financial regulatory reform initiatives, focusing in particular on policies to address risks to the financial system posed by systemically important financial institutions (SIFIs).
Say-on-Pay Approval Below 70% May Receive “Greater Attention”
ISS has issued its preliminary US post-season report, which is full of useful statistics about the 2011 proxy season for the data hound. Broc notes some of the key highlights in TheCorporateCounsel.net blog.
Proxy Access Strikedown Could Impact Other Dodd Frank Rulemaking Across Many Agencies
The DC Circuit's vacating of the SEC's proxy access rule has wider applications for the possible challenge of regulations under the Dodd Frank Act on the grounds that they fail to analyze the economic impact. Even though we all know that the DC circuit is especially hard on the SEC, other agencies could also find […]
Growth or Decline: Improving Economic “Metabolism” to Raise Productivity
Professor Kyoji Fukao, Program Director and Professor, Institute of Economic Research, Hitotsubashi University, wrote this on-point article in the Nikkei Newspaper's Keizai Kyoushitsu column on July 27 of 2011, describing the challenges that Japan's economy faces and the what is needed to get it growing again.
Much of the article appears below, but you can see the full article and the charts on RIETI's web site: