The Race to the Bottom: Corporate Governance

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Corporate Governance

The Race to the Bottom

A student-faculty collaboration discussing all areas of corporate governance including: methods for improving, the role of the Securities and Exchange Commission, the role of Delaware, and independent directors, impact of Sarbanes-Oxley.
By J Robert Brown Jr et al.

Post Frequency: 21.6/day

Last Entry: April 01, 2011 at 09:00:35

Rocky Mountain Securities Conference: Panel 1: Senator Sarbanes, Chairmen Cox and Levitt, and Professor Brown

Posted on May 13, 2008
The Colorado Bar Association and SEC went for the big guns to celebrate 40 years of this annual conference, held May 9th in Denver. Chairman Cox, Senator Sarbanes and former (and longest-serving) Chairman Levitt formed the opening panel, chaired by this blog’s own Professor Jay Brown...

Harvard, Open Access, and the Growing Role of the Internet in Legal Scholarship

Posted on May 12, 2008
In my paper, Of Empires, Independents, and Captives: Law Blogging, Law Scholarship, and Law School Rankings, I noted that in a matter of years, all legal scholars would need to have a significant Internet presence, that it would no longer be enough to maintain reputation by publishing in the top rated law journals...

Constitutional Challenge to SOX's PCAOB on Appeal

Posted on May 12, 2008
On December 31, 2007, Appellants and Amici filed briefs with the District of Columbia Court of Appeals to revisit a constitutional challenge to the Public Company Accounting Oversight Board (PCAOB). The PCAOB was established by Congress under the Sarbanes-Oxley Act in an effort to rebuild investor confidence post- Enron...

Starbucks and Social Responsibility: Not Getting the Message

Posted on May 10, 2008
Starbucks is having a tough time. The company announced that earnings would not meet expectations. Same store sales fell for the first time since the company began reporting the data in 2004. The reason? "[W]eakness in the U...

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Law Professors and the Securities and Exchange Commission

Posted on May 09, 2008
The White House announced yesterday that Troy Paredes, a law professor from the University of Washington in St. Louis, would be appointed to the SEC in place of Paul Atkins. For a quick overview of the articles he has written, his SSRN page is here...

Spring Loaded Options and Demand Excusal: Weiss v. Swanson

Posted on May 09, 2008
We are quick to criticize the Delaware courts for decisions that reflect an excessively pro-management bias, something that harms shareholders and opens the jurisdiction to criticism and to calls for preemption.Less often do we have an opportunity to complement decisions so when an opportunity arises, it behooves this Blog to take it...

Spring Loaded Options and Demand Excusal: Weiss v. Swanson

Posted on May 09, 2008
We discussed the calculated timing of option grants in an earlier series of posts on option grant practices and the Delaware courts. In an unpublished opinion dated March 7, 2008, Vice Chancellor Lamb of the Delaware Court of Chancery denied a motion to dismiss a claim for breach of fiduciary duty against former and current directors and officers of Linear Technology Corporation who issued and received timed option grants...

Say on Pay and Aflac

Posted on May 08, 2008
Celia Taylor writes:On Monday, Aflac shareholders made history by being the first group of shareholders in United States corporate history to vote in a non-binding advisory capacity on executive compensation. In the historic action, shareholders voted 93...

The Director Compensation Project and a Final Note

Posted on May 08, 2008
For the last ten days or so, we have been running student posts that examine the stock exchange definition of director independence and the fees paid to members of the board. As we have noted a number of times on this Blog, the exchanges apparently take the position that director fees do not count in the determination of director independence...

The Director Compensation Project: Occidental Petroleum

Posted on May 07, 2008
This post is part of an ongoing series that examines the way stock exchange independence rules influence director compensation. We are including companies from 2007’s Fortune 100 and using information disclosed in each company's 2008 proxy statements...

The Director Compensation Project: Johnson & Johnson

The Director Compensation Project: State Street

The Director Compensation Project: Disney

The Director Compensation Project: Baxter International, Inc.

Posted on May 06, 2008
This post is part of an ongoing series that examines the way stock exchange independence rules influence director compensation. We are including companies from 2007’s Fortune 100 and using information disclosed in each company's 2008 proxy statements...

The Director Compensation Project: Goodyear Tire & Rubber

The Director Compensation Project: Merrill Lynch

The Director Compensation Project: Bank of America

The Director Compensation Project: Office Depot

Posted on May 05, 2008
This post is part of an ongoing series that examines the way stock exchange independence rules influence director compensation. We are including companies from 2007’s Fortune 100 and using information disclosed in each company’s 2008 proxy statements...

The Director Compensation Project: ConocoPhillips

The Director Compensation Project: Time Warner

The Director Compensation Project: Abbot Laboratories

Posted on May 04, 2008
This post is part of an ongoing series that examines the way stock exchange independence rules influence director compensation. We are including companies from 2007’s Fortune 100 and using information disclosed in each company's 2008 proxy statements...

The Director Compensation Project: Valero Energy

The Director Compensation Project: Alcoa

The Director Compensation Project: Regions Financial

The Director Compensation Project: Ameriprise Financial Inc.

Posted on May 03, 2008
This post is part of an ongoing series that examines the way stock exchange independence rules influence director compensation. We are including companies from 2007’s Fortune 100 and using information disclosed in each company's 2008 proxy statements...

The Director Compensation Project: Proctor & Gamble

The Director Compensation Project: International Business Machines Corporation

The Director Compensation Project: Wyeth

Posted on May 02, 2008
This post is part of an ongoing series that examines the way stock exchange independence rules influence director compensation. We are including companies from 2007’s Fortune 100 and using information disclosed in each company’s 2008 proxy statements...

The Director Compensation Project: Honeywell International

The Director Compensation Project: Prudential

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