October 28, 2013

Empty Voting: Will the SEC (or Anyone Else) Step Up to This Plate?

I’m excited to announce a new blog on this site: “Mike Gettelman’s Blog.” Until recently, Mike was one of the primary authors for our pair of popular print newsletters – The Corporate Counsel & The Corporate Executive – for decades. His style will be “long form” blogging, just like he used to write for the newsletters.

So enter your email address in the box on the left side of his blog to receive his updates. His first entry is about “Empty Voting: Will the Commission (or Anyone Else) Step Up to This Plate?“…

Survey Results: Exclusive Forum Bylaws

Ahead of the news that the case voluntarily dismissed on appeal (see this blog – also see Wachtell’s Ted Mirvis’ blog about it), I ran a survey on what companies are doing pending news of an appeal in the area of exclusive forum by-laws. Here are the results:

1. In light of Chancellor Strine’s opinion in Boilermakers vs. Chevron, should Delaware corporations:
– Adopt a forum selection bylaw soon – 53%
– Defer considering adoption of a forum selection bylaw until the Delaware Supreme Court rules on the issue – 46%
– Never adopt a forum selection bylaw – 1%

2. Does your answer above change if the company is not incorporated in Delaware:
– Yes – 41%
– No – 29%
– I don’t know – 30%

Please take a moment to anonymously participate in our “Quick Survey on Usable Disclosure for Proxy Statements” and “Quick Survey on Deferred Compensation Election Timing.”

Are you a Forum Shopper?

I’m loving Jane Freedman’s new blog – including her latest entitled “Are you a Forum Shopper?” Check it out!

Firmex has put together this interesting deck about “Strange Finance Laws You Won’t Believe Are Real.”

– Broc Romanek