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.
Welcome to the Monitor
We are pleased to welcome you to our new Securities Regulation and Corporation Governance Monitor, a forum for us to share with our clients and friends our current thoughts on developments in trends in securities regulation, corporate governance and executive compensation.
Many of you have loyally followed our client alerts on these topics for years, and now the Monitor will serve as a place where you can search, find and read our ever-growing collection of client alerts and other commentary on these important topics. We expect our Monitor will evolve in form and function over time, and we certainly welcome your feedback and ideas for improving this site.
Companies Act 2006 Update — Changes to English Company Law Coming into Force on 1 October 2009
The recent upheaval in English company law is almost over. The provisions of the Companies Act 2006 (the "2006 Act") have been coming into force in stages. Not all the changes have set the pulses racing, though highlights have included the abolition of the prohibition of financial assistance for the acquisition of shares in private companies.
Financial Crisis Inquiry Commission to Begin Investigations Next Month
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is closely tracking government responses to the turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.
The Aspen Institute Statement: “Overcoming Short-termism”
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)
Convertible Debt Exchange Offers: Considerations for Distressed Issuers
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.
Enforcement Action on Section 13(d) Disclosure Requirements For Institutional Investors Clarifies Exception for ‘Ordinary Course of Business’
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.
Considerations for Public Company Directors in the Current Environment
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.