On Sept. 4 the Department of Labor (DOL) issued proposed regulations governing ERISA plan fiduciary proxy votes. Public comments were due on or before October 5, 2020. This proposal would revoke and replace an existing regulation. An ERISA plan fiduciary would be generally required and permitted...

Currently pending in the Delaware Court of Chancery and other courts around the country are numerous cases in which the parties to a public-company merger agreement are disputing whether the target (the company being sold) has suffered a "material adverse effect" (an MAE) because of the COVID-19...

This chapter investigates whether corporate form matters in building a more sustainable business. The most prevalent corporate form that purports to increase sustainability is the benefit corporation, which has been around for almost a decade as of this writing. In that time, over 10,000 benefit...

Purpose: Recent research shows that due to money laundering risks, there has been an increase in the off-boarding of certain types of corporate clients in the financial sector. This phenomenon known as "de-risking" has been argued to have a negative impact on society, because it increases the...

There is a split of judicial authority on whether limited liability applies when the creditor is a partner of a limited liability partnership. The New York Court of Appeals narrowly interpreted the partnership statute and denied the applicability, but the California Court of Appeals upheld it....

Insider trading, the most conspicuous misbehaviour of the stock market, is additionally one of the most troublesome & difficult one to crack by regulators around the globe. Insider trading is a term dependent upon numerous definitions and meanings and it envelops both lawful and disallowed...

Shareholder voting matters. It can directly shape a corporation’s governance, operational and social policies. But voting by shareholders serves another important function—it produces a marketplace for votes where management and dissidents compete for the votes of the shareholder base. The...

On 15 June 2020, Eva Micheler (LSE Law), Jon Danielsson (LSE Finance) and Jean-Pierre Zigrand (LSE Finance) organised a conference at the Systemic Risk Centre at the London School of Economics entitled 'Sustainability and Systemic Risk'.The concept of sustainability discourages companies from...

The right to protest on political issues has always been a controversial labour law issue. The Labour Relations Act 66 of 1995 does not explicitly permit or prohibit political protest action. However protest action to promote or defend the socio-economic interest of workers is legally protected...

One of the key priorities of the Russian Government is the attraction of Foreign Direct Investment (FDI). As a result, foreign investors can enjoy national treatment in Russia, provided they do not threaten state security in any way. The Russian legislation does however set some limitations on...