TheCorporateCounsel.net

November 12, 2008

Your Upcoming Proxy Disclosures – The EESA Effect: What You Need to Do Now

Mark Borges and Dave Lynn are wrapping up the first issue of the Quarterly “Proxy Disclosure Updates” Newsletter, which is free for all those that try a no-risk trial to Lynn, Romanek and Borges’ “The Executive Compensation Disclosure Treatise & Reporting Guide.”

The first issue will tackle all that you need to be prepared to do now with your proxy disclosures, in the wake of EESA and other likely regulatory responses to the crisis. Subscribers will receive a second issue of the Updates newsletter in early January, with plenty of last-minute critical pointers for your proxy disclosures.

Try a No-Risk Trial Now: Order your Treatise now so we can rush it to you today – and we can send you the first issue of the Updates newsletter as soon as it’s done. Note there is a reduced rate if you are ’09 member of CompensationStandards.com. If at any time you are not completely satisfied with the Treatise, simply return it and we will refund the entire cost.

An Explosion of Unsponsored ADRs

I always thought unsponsored ADRs were a bad idea, because I think it’s very confusing for investors. As illustrated in this podcast with Rich Kosnik of Jones Day, it can be confusing for companies too. Rich explains why there is an explosion of unsponsored ADRs during the past few weeks – and provides some insight into how to handle them, including:

– What is happening with unsponsored ADRs?
– What caused this new development?
– How can companies know if unsponsored ADRs exist for them?
– What implications does this development have for companies (ie. crossing 300 US investor limit under Rule 12g3-2(a)? Is there anything that companies do to protect themselves?

We have been posting memos on this development in our “Unsponsored ADRs” Practice Area.

Revealed: My Real First Name

Long story, but the gist is that I was born “Barak Romanek” and I got tired of teachers botching my name growing up. So when I went to college, I changed it to “Broc” – although legally, it’s still “Barak” (pronounced with two syllables – but not the same as the President-elect’s name since he spells it with a “c” in the middle). Hence, my Avvo profile includes my real name (but according to Martindale Hubbell, I don’t exist anymore).

According to this NY Times article, there now will be a bunch of kids with something similar to my unique name. I have to admit that this freaks me out since I went all these years without once meeting someone with the same name. Anyways, I’m sticking to “Broc” as I love one syllable names…

– Broc Romanek