Corporate Governance

Tenure-Based Voting: Is it Worth Trying?

Short-termism is currently a corporate governance concern. Data provides that the average holding period of public companies has been...

Impact Investing: What is it and why consider it?

Now more than ever, companies are increasingly measured not only by their revenues, but also by the societal impact they have. As a...

Climate Change and Fiduciary Duties in the context of Fossil-Fuel Companies

Aware of the risks that climate change poses to humankind, hundreds of countries around the world signed in 2015 the so-called Paris...

Benefit Corporations: Doing Well and Doing Good

37 States and territories (including Washington D.C. and Puerto Rico) have passed legislation allowing corporations to be registered as...

ESG & Biden’s Administration: Department of Labor's & the SEC's recent efforts to enhance ESG's role

Several legal barriers have prevented institutional investors (including the employee benefit plans subject to the Employee Retirement...

Nasdaq’s diversity inclusion rules: All bark and no bite?

Background In August 2021, the SEC approved Nasdaq’s proposal on diversity inclusion premised on the self-accountability framework of...

General Best Practices: Another Box-Ticking Exercise or Improved Corporate Governance?

Interestingly, there is no single accepted definition of the term “corporate governance.” Broadly speaking, it refers to the system by...

Shareholder Activism: Don’t Shoot the Messenger

2020 has been of a singular vintage for shareholder activism. While publicly reported activism has dropped in the U.S. by 13% in the...

Bitcoin & The 'E' in 'ESG': Much Ado About Nothing?

There is no ‘e’ in Bitcoin. Admittedly there are a few in cryptocurrencies, but for the purpose of this article we shall refer to them as...

"Fonds de Pérennité": A Viable Substitute to the Dutch Poison Pill in French Unsolicited Takeovers?

Over the past few weeks, the so-called “Dutch poison pill” made headlines with Veolia Environment’s unsolicited takeover bid of its rival...

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