February 10, 2010

Dave & Marty on Non-GAAP, Shareholder Education, Climate Change and Snow

In this podcast, Dave Lynn and Marty Dunn engage in a lively discussion of the latest developments in securities laws, corporate governance, and pop culture:

– The Staff’s new Non-GAAP measure C&DIs
– Shareholder education about the loss of discretionary voting
– An analysis of the SEC’s climate change release
– Snow stories

Clarification: “Lightning Fast” Arbitration in Delaware Chancery Court

Here is a clarification on my recent blog about Delaware’s new arbitration process from a member:

Unless folks read Francis’ alert closely, I think it might confuse people, as I know it confused me. This new development is about bringing arbitration of contract claims to Delaware Chancery Court, with the Chancellors serving as arbitrators. It seems like a good idea and one that is noteworthy. But the blog post incorrectly suggests this new development is for all suits in Chancery (where the state pretty much already has a “rocket docket” whenever needed) – and misses the important point that the new rules allow the Chancellors to get involved in cases that normally wouldn’t be in Chancery to begin with.

More on our “Proxy Season Blog”

With the proxy season in full gear, we are posting new items regularly on our “Proxy Season Blog” for members. Members can sign up to get that blog pushed out to them via email whenever there is a new entry by simply inputting their email address on the left side of that blog. Here are some of the latest entries:

– Determining Number of NEOs: Not as Easy as 1, 2, 3
– Examples: Disclosure of Director Nominee Selection Criteria
– Disclosing Pending Litigation: The Challenges
– Australian Companies to Disclose Gender Diversity
– Registered Holders: Broadridge vs. Transfer Agent?
– Shareholder Choice in a World of Proxy Access
– SEC Reverses Omission of Antibiotics Shareholder Proposal

– Broc Romanek