It’s Time To Count The Indifferent!

Allen Matkins
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Although Broc Romanek recently reported that so far this year 43 companies have failed to achieve majority support for “say-on-pay”, the reality is that this is a miniscule percentage of the total number of publicly traded companies.

Moreover, even failure can be a matter of perspective. In one of the recent cases cited by Broc, the company, Hemispherx Biopharma, Inc., reported that “44.1% of the votes cast were in favor of executive compensation, while 37.0% of the votes cast were against and 18.9% of the votes cast abstained”. (This wording is more than a bit odd because an abstention is by definition a vote not cast. Based on the company’s proxy card, I think it would be more accurate to say that 18.9% of the proxies returned were marked with instructions that the proxy holder abstain from voting. See “A Proxy Is Not A Vote And Why It Matters“.)

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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