Securities Regulation

The Aspen Institute recently released a statement calling for a more thoughtful approach to government policy and incentives, business management and investor decisions.  The statement addresses the need for investors and business management to pursue long-term corporate growth and sets out voluntary steps that can be taken to overcome the focus on short-term goals, which has had such a detrimental effect on the economy. We are pleased to share this statement, which was drafted by a coalition of concerned individuals and advisory board members of the Aspen Institute Business & Society Program and its Corporate Values Strategy Group. Gibson Dunn partner John F. Olson is a member of the statement’s drafting committee. Overcoming Short-termism:  A Call for a More Responsible Approach to Investment and Business Management  (Press Release and Statement)

Orange County partner James Moloney and New York partner Glenn Pollner and associate Matthew Shaw are the authors of “Convertible Debt Exchange Offers: Considerations for Distressed Issuers” [PDF] published in the September-October 2009 issue of Deal Lawyers.

New York partner Mark K. Schonfeld, Orange County partner James Moloney and Denver associate Monica K. Loseman are the authors of “Enforcement Action on Section 13(d) Disclosure Requirements For Institutional Investors Clarifies Exception for ‘Ordinary Course of Business'” [PDF] published in the August 31, 2009 issue of BNA’s Securities Regulation & Law Report.

The current economic and regulatory landscape poses unprecedented challenges for public companies and their boards of directors.  They are facing scrutiny from shareholders, Congress, regulators and the public, and new proposals to address the causes of the financial crisis have been emerging on almost a daily basis for over a year now.