1. Articles in category: BoardBlogs

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    1. The Modern Board: How Boards Can Close the Climate Change Gap

      The Modern Board: How Boards Can Close the Climate Change Gap

      If U.S. corporate boards weren’t taking climate change seriously, the Securities and Exchange Commission recently prodded them to act. In a proposed rule change this past March, the SEC called for public companies to make mandatory climate-related disclosures to investors. That information includes climate risks with a reasonable chance of materially affecting their business, as well as greenhouse gas emissions. The SEC expects to finalize its new rule this fall...

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    2. How Boards Should Prepare for the DOJ’s Corporate Crime Crackdown

      How Boards Should Prepare for the DOJ’s Corporate Crime Crackdown

      Last week, U.S. Deputy Attorney General Lisa Monaco outlined the Department of Justice’s plan to increase the number of corporate criminals it prosecutes.A few high-profile examples of successful white-collar indictments notwithstanding, the government has hauled fewer companies to court over the past decade, Monaco said...

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    3. Why Your Family Business Needs Family Members on the Board

      Why Your Family Business Needs Family Members on the Board

      Imagine that your family owns and controls a fifth-generation multinational conglomerate that’s a leader in the food manufacturing industry. You’ve recently been appointed to serve on the board as a family director from your generation. Early in your tenure, Covid-19 hits and suddenly, fundamental questions that challenge the very viability of the enterprise confront a board that’s dominated by a non-family CEO and a majority of independent directors...

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    4. 5 Ways to Negotiate a Solid Executive Compensation Package in a Recession

      5 Ways to Negotiate a Solid Executive Compensation Package in a Recession

      In 2021, venture capital funding flowed freely into the tech world, bolstering big funding rounds and even bigger salaries at SaaS companies. But now it’s 2022, and that cash flow has slowed dramatically. Major layoffs have replaced funding announcements, and we’re staring down a possible recession. With outright cash and sky high salaries off the board, negotiating a strong compensation package can seem daunting...

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    5. The Power Of Purpose: How ESG Affects Your Company's Talent

      The Power Of Purpose: How ESG Affects Your Company's Talent

      Decades of fossil-fueled economic development have cost the environment. Of the 1.2 million people spread across 50 countries, who were surveyed by the United Nations Development Programme (download required), 64% recognize climate change as an emergency, and more than half of this group agreed that measures to try and halt climate change should be urgently prioritized. This is a sentiment that I've observed has begun to permeate the global business community as well...

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    6. D&O Insurance Not Yet a Priority Despite Criminal Trial of Uber’s former CISO

      D&O Insurance Not Yet a Priority Despite Criminal Trial of Uber’s former CISO

      The trial of former Uber CISO Joe Sullivan marks the first time a cybersecurity chief has faced potential criminal liability. Sullivan is charged with trying to conceal from federal investigators the details of a 2016 hack at Uber that exposed the email addresses and phone numbers of 57 million drivers and passengers...

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      Mentions: Google Amazon CFO
    7. Cybersecurity Investments Are No Longer Optional, Officials Warn

      Cybersecurity Investments Are No Longer Optional, Officials Warn

      A mix of regulation, investor demands and insurance requirements is pushing companies to elevate the oversight of cybersecurity, officials from the U.S. and other countries say. While some companies in specific critical infrastructure sectors, such as energy and banking, must already comply with certain cybersecurity requirements, greater investment in digital defenses is needed across the board, said Brandon Wales, executive director at the Cybersecurity and Infrastructure Security Agency...

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    8. Executives, And Their Compensation, Are The New Enforcement Targets

      Executives, And Their Compensation, Are The New Enforcement Targets

      As if guiding a company through the maelstrom of inflation, recession, workforce participation and quiet quitting wasn’t enough of a challenge. Corporate executives now find themselves — and their compensation arrangements — at the center of aggressive enforcement initiatives from key government regulators. And their boards of directors are being dragged into the mix, with little hope of avoiding collateral damage to relationships with their CEO, and to the company’s business planning...

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    9. Delaware’s Shifting Judicial Role in Business Governance

      Delaware’s Shifting Judicial Role in Business Governance

      What do Delaware judges do all day—and what does it mean for the governance of American businesses? In our new article, “Delaware’s Shifting Judicial Role in Business Governance,” we take a close look at the work of the country’s preeminent business court, Delaware’s Court of Chancery, in order to examine the changing nature of judicial review of governance of American businesses...

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    10. More Executives Could See Their Compensation Tied to ESG Goals if SEC Finalizes Climate Disclosure Rules

      More Executives Could See Their Compensation Tied to ESG Goals if SEC Finalizes Climate Disclosure Rules

      Company executives will increasingly have another thing to worry about when it comes to how their compensation is calculated: how well companies are doing on environmental, social and governance (ESG) or non-financial matters. Traditionally, executives have largely been driven solely by financial performance and shareholder returns. But some large public company executives in recent years have had a small portion of their compensation tied to ESG goals, about 5 to 15 percent of total pay...

       

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    11. How to Retain Your C-suite when the CEO Leaves (Hint: Bonuses aren't enough)

      How to Retain Your C-suite when the CEO Leaves (Hint: Bonuses aren't enough)

      Kewsong Lee’s unexpected resignation last month as the CEO of the private equity giant Carlyle Group understandably captured Wall Street’s attention. Departures from a company with that level of clout typically do not happen abruptly.Less surprising was the announcement just days later that the company’s global head of investor relations, Nathan Urquhart, would leave at the end of the year to join hedge fund Coatue Management...

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    12. “Pay Versus Performance” Rule Increase Disclosure Obligations for Public Firms

      “Pay Versus Performance” Rule Increase Disclosure Obligations for Public Firms

      On August 25, 2022, the U.S. Securities and Exchange Commission (the SEC) issued final rules on the “pay versus performance” disclosure. These rules, which were in process for over seven years, dramatically expand the information that public companies will be required to disclose regarding the relationship between their executive compensation and the company’s financial and stock price performance...

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    13. Cybersecurity + ESG for the Global Capital Markets

      Cybersecurity + ESG for the Global Capital Markets

      This policy brief discusses cybersecurity from the corporate governance standpoint and illustrates how Nasdaq can implement cybersecurity into its ESG Reporting Guide, which is used by many public and private companies globally. The intersection of a company’s cybersecurity and ESG is a new corporate governance model. Cybersecurity has become a prevalent issue, specifically in the context of the digital economy, as corporate stakeholders require cyberattacks and security breaches to be proactively measured and mitigated in governing enterprise-wide risk management...

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    14. Judge Nixes Lead Plaintiff in Credit Suisse Fraud Case. Are Shareholders Better Off?

      Judge Nixes Lead Plaintiff in Credit Suisse Fraud Case. Are Shareholders Better Off?

      A federal magistrate judge in Brooklyn refused this week to appoint the only Credit Suisse Group AG shareholder who sought to lead a securities class action alleging that the bank failed to warn investors about the risk of its portfolio of loans to Russian oligarchs. The plaintiffs' firm that filed the case, Pomerantz, has said that the class action will probably now have to be dismissed...

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    15. Deregulation and Board Policies: Evidence from Performance Measures Used in Bank CEO Turnover Decisions

      Deregulation and Board Policies: Evidence from Performance Measures Used in Bank CEO Turnover Decisions

      The banking industry has undergone substantial changes since the late 1970s, largely due to deregulation and rapid market developments. Over that period, banks’ growth opportunities expanded, and banks entered new markets, both geographic and product. Motivated by the 2008 financial crisis, researchers and policymakers have shown a renewed interest in corporate governance in the banking industry...

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      Mentions: Bank Crisis Board
    16. About the SEC’s Climate Proposal

      About the SEC’s Climate Proposal
      • On March 21, 2022, the SEC issued proposed rule, The Enhancement and Standardization of Climate-Related Disclosures for Investors.
      • The comment period closed on June 17. We have identified key themes from the responses.
      • Regardless of this proposal, compliance with existing requirements includes the 2010 climate-related guidance issued by the SEC staff...

       

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    17. How the Women On Boards Project is Shaking up Early-Stage Consumer Companies

      How the Women On Boards Project is Shaking up Early-Stage Consumer Companies

      A nonprofit linking executive women with startup firms in need of new board members has announced its latest appointment. Megha Tolia, CEO and president of Shondaland, is now a new member of the board of directors for The Good Patch , a wearable wellness brand. Tolia’s appointment was made possible through a group called the Women on Boards Project . Tolia talks with Fortune about how her career led her to be uniquely qualified for the role...

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    18. Presence of Minorities, Women on Credit Union Boards Leads to Geater Inclusion, Growth

      Presence of Minorities, Women on Credit Union Boards Leads to Geater Inclusion, Growth

      WASHINGTON, Sept. 13, 2022 (GLOBE NEWSWIRE) -- The presence of minorities and women on a credit union's board of directors can positively impact both an organization's lending inclusion and asset growth, a CUCollaborate research team has found. Both groups, however, remain underrepresented among directors across the industry, according to the report...

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