TheCorporateCounsel.net

We have posted the survey results regarding how companies distribute proxy materials via e-mail to 401(k) plan participants, repeated below:

1. Does your company or plan provider obtain express consent from employee-shareholders prior to distributing proxy materials to 401(k) plan participants via company e-mail (excluding ability to opt out addressed in #2 below)?
– Yes – 42%
– No – 64%

2. Prior to e-mail delivery of proxy materials to employee-shareholders, does your company send a “pre-email” asking 401(K) plan participants if they want to opt out of receiving proxy materials:
– Yes – 38%
– No – 65%

3. Other than having an active company email address, does your company take any further steps to verify that 401(k) plan participants’ use of company e-mail is in the ordinary course of performing their duties:
– Yes – 39%
– No – 67%

4. Other than having an active company email address, does your company take any further steps to verify that 401(k) plan participants routinely log-on to receive their company e-mail:
– Yes – 30%
– No – 76%

5. What email system does your company utilize:
– MS Outlook – 94%
– Lotus Notes – 9%
– Other – 0%

Please take a moment to participate in this “Quick Survey on CEO Succession Planning” – and this “Quick Survey on Ending Blackout Periods.”

General Solicitation: New Senate Bill

In this MoFo blog, Anna Pinedo describes a new Senate bill entitled the “HALOS Act”, or “Helping Angels Lead our Startups Act.” You can access S. 2498 at the bottom of this press release…

Podcast: Supreme Court’s Halliburton

In this podcast, Professor Hal Scott addresses the Supreme Court’s decision in Halliburton – and the implications on securities litigation going forward, including:

– Can you describe the Majority’s ruling and the reasoning it used to reach that result?
– From a big picture standpoint, will the decision change the securities litigation landscape?
– What are the implications for plaintiffs in terms of their ability to obtain class certification?
– What are the cost implications for both companies and plaintiffs?
– Is there anything companies should proactively do as a result of this ruling?

– Broc Romanek