Weekly Roundup: September 2-8, 2022

This roundup contains a collection of the posts published on the Forum during the week of September 2-8, 2022

Dealing with Activist Hedge Funds and Other Activist Investors

Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Friday, September 2, 2022

Tags: Boards of Directors, Hedge funds, Proxy contests, SEC, Securities regulation, Shareholder activism, Shareholder voting, Universal proxy ballots

Separating Ownership and Information

Posted by Paul Voss (Central European University) and Marius Kulms (Continentale Versicherung), on Friday, September 2, 2022

Tags: Control rights, Information asymmetries, Information environment, Inside information, Mergers & acquisitions, Ownership, Takeovers, Tender offer

Getting Out the Retail Vote: Targeting Reddit and New Social Tools in Proxy Solicitations

Posted by Steve Lipin and Keilley Banks, Gladstone Place Partners, on Saturday, September 3, 2022

Tags: Engagement, Institutional Investors, Proxy advisors, Proxy voting, Reddit, Robinhood, Shareholder communications, Shareholder voting, Social media, Social networks

DGCL Amendment Merits Amending Charters and Engagement with Institutional Shareholders

Posted by Ethan Klingsberg and Oliver Board, Freshfields Bruckhaus Deringer LLP, on Sunday, September 4, 2022

Tags: Charter & bylaws, Delaware law, DGCL, Director liability, Institutional Investors, Liability standards, Management, Proxy advisors, Securities litigation, Shareholder suits

Energy Industry Reacts to SEC Proposed Rules on Climate Change

Posted by Hillary Holmes and Justine Robinson, Gibson, Dunn & Crutcher LLP, on Monday, September 5, 2022

Tags: Climate change, Disclosure, Environmental disclosure, ESG, Materiality, SEC, SEC rulemaking, Securities regulation, Sustainability

Carve-Outs’ Popularity Soars as Businesses Pursue Growth

Posted by Gregory Pryor and Germaine Gurr, White & Case LLP, on Tuesday, September 6, 2022

Tags: Carve-outs, Climate change, ESG, International governance, Japan, Mergers & acquisitions, Private equity, UK

Corporate Response to the War in Ukraine: Stakeholder Governance or Stakeholder Pressure?

Posted by Anete Pajuste (Stockholm School of Economics) and Anna Toniolo (Harvard Law School), on Tuesday, September 6, 2022

Tags: ESG, International governance, Reputation, Russia, Sanctions, Social media, Stakeholders, Twitter, Ukraine

The Politics of Values-Based Investing

Posted by Robert G. Eccles (University of Oxford) and Jill E. Fisch (University of Pennsylvania), on Wednesday, September 7, 2022

Tags: Climate change, Diversity, ESG, Institutional Investors, Mutual funds, Sustainability

BlackRock Voting Spotlight—A Look Into the 2021-2022 Proxy Voting Year

Posted by Sandra Boss and Michelle Edkins, BlackRock, Inc., on Wednesday, September 7, 2022

Tags: Climate change, ESG, Index funds, Institutional Investors, Proxy voting, Shareholder proposals, Stewardship, Sustainability

Quarterly Activist Ownership Analysis

Posted by Gerry Davis, Michael Verrechia, and Paul Schulman, Morrow Sodali, on Thursday, September 8, 2022

Tags: Institutional Investors, International governance, Mergers & acquisitions, Private equity, Shareholder activism, Shareholder voting, SPACs, Universal proxy ballots

State Legislation Targets Company Policies on ESG

Posted by Cydney Posner, Cooley LLP, on Thursday, September 8, 2022

Tags: Climate change, Diversity, Environmental disclosure, ESG, Institutional Investors, Reputation, Stakeholders, State law, Sustainability