With the various global crises, budget spending to address inflation and post-COVID-19 pandemic effects continuing to weigh on fiscal budgets globally, governments will at some point soon need to recoup lost revenue.
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Boards of Directors
2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
By D. Bruce Hoffman, Henry Mostyn, Isabel Rooms & Fay Davies on
Posted in Antitrust, Boards of Directors
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed. …
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Russia and Beyond: Sanctions Developments and Lessons for Boards from 2022
Posted in Boards of Directors
This past year’s Russia-Ukraine conflict sparked a significant transformation of the global economic sanctions landscape, with developments and lessons extending well beyond Russia. …
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Cybersecurity: Continued Cyberattacks and New Regulations Result in Increased Risk
Posted in Boards of Directors, Cybersecurity
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.
In a recent survey of almost 2,800 global organizations, one in five respondents reported experiencing a ransomware attack in 2021—with almost half of those respondents suffering significant operational impacts as a result.…
Privacy and Data Protection Compliance Will Remain a Top Priority in 2023
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.
As the value of data continues to increase exponentially, so too do the associated risks, including risk of cyberattacks, data breaches or data-related litigation, as well as rising regulation throughout the world…
CAMT, Excise Tax and Green Credits: U.S. Tax to Spice up Your Next Cocktail Conversation
Posted in Boards of Directors, Tax
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.
In the United States, the Inflation Reduction Act of 2022 (IRA) was passed in August.
The IRA will be of relevance to many U.S. taxpayers, with three particular areas of focus for…
The DOL Finalizes Yet Another Rule on ESG and Proxy Voting and Proposes Significant Amendments to the QPAM Exemption
By Elizabeth Dyer & Michael Albano on
This high-level overview of a couple of noteworthy DOL regulatory initiatives should be useful for boards and management teams alike. The first is a proposed amendment to a popular “prohibited transaction” exemption, which, if passed, will have a significant impact on many financial contracts, including existing loan and ISDA contracts. The second is a final regulation governing ERISA plan investments, which could alter how plan investors consider ESG as part of their investment strategy and manage their investments in public companies…
Continue Reading The DOL Finalizes Yet Another Rule on ESG and Proxy Voting and Proposes Significant Amendments to the QPAM Exemption
Sustainability in the EU: From Theory to Action
Posted in Boards of Directors, ESG
2022 has been a pivotal year for sustainability policy worldwide. In the EU, where sustainability regulation enjoys broad popular and institutional support, sustainability policy shifted from theory to action.
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Voluntary Carbon Markets: An Overview of U.S. Regulatory Developments
By Deborah North & Laura Daugherty on
As the importance of the voluntary carbon markets to global decarbonization goals grows, so too does U.S. regulatory and legal interest in this area, and the importance to public companies and their boards. …
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Delaware Extends Exculpation from Personal Liability to Senior Officers
Posted in Boards of Directors, Delaware Law
The Delaware legislature recently amended Delaware’s General Corporation Law (DGCL) to allow corporations to limit the personal liability of corporate officers for money damages for breaches of their fiduciary duty of care. Prior to this amendment, Delaware only allowed for such “exculpation clauses”—which must be set forth in the certificate of incorporation—for corporate directors.
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