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The Informed Board - Spring 2024

Artificial intelligence is not just about chatbots. Increasingly, it is used by government for enforcement, and boards need to prepare for that, just as they need to get ready for upcoming climate disclosure requirements....more

Best Practices: How a Board Can Enhance Shareholder Value Creation in a Spin-Off

In an article last year, we discussed the increased pressure companies face to separate businesses that are not deemed “core,” and why tax-free spin-offs and similar transactions may be the most appealing way to achieve this....more

Changes in the Market and the Emergence of New Players Together Are Impacting Activism

Despite a slowdown in M&A activity and macroeconomic headwinds, stockholder activism remains a potentially powerful tool for investors aiming to extract value from companies. The activism landscape continues to evolve as new...more

SEC Primed To Act on ESG Disclosure

During his Senate confirmation hearing for chair of the Securities and Exchange Commission (SEC), Gary Gensler said he would adhere to the U.S. Supreme Court’s view of materiality: Information is material (and should...more

New Tactics and ESG Themes Take Shareholder Activism in New Directions

Takeaways - Activism is likely to rebound as the business world recovers from COVID-19 disruptions. - Some activists are raising permanent capital, giving them new leverage, and activist approaches have become more...more

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