Elisabeth Cappuyns

Elisabeth Cappuyns

Akin Gump Strauss Hauer & Feld LLP

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Top 10 Topics for Directors in 2016: Proxy Access

Proxy Access - 2015 was a turning point for shareholder proposals seeking to implement proxy access, which gives certain shareholders the ability to nominate directors and include those nominees in a company’s proxy...more

2/2/2016 - CalPERS CalSTRS Institutional Investors Proxy Access Rule 14a-8(i)(9) Shareholder Proposals TIAA CREF Vanguard

Top 10 Topics for Directors in 2016: Executive Compensation

Executive and Director Compensation - Perennially in the spotlight, executive compensation will continue to be a hot topic for directors in 2016. But this year, due to the SEC’s active rulemaking in 2015, directors will...more

1/26/2016 - Board of Directors Corporate Governance Dodd-Frank Executive Compensation SEC

Top 10 Topics for Directors in 2016: Audit Committees

Audit Committees - Averaging 8.8 meetings a year, audit continues to be the most time-consuming committee.i Audit committees are burdened not only with overseeing a company’s risks, but also a host of other...more

1/18/2016 - Audit Committee Board of Directors Corporate Governance IRS SEC

Top 10 Topics for Directors in 2016: Risk Management

Risk Management - Risk management goes hand in hand with strategic planning — it is impossible to make informed decisions about a company’s strategic direction without a comprehensive understanding of the risks involved....more

1/15/2016 - Board of Directors Corporate Governance Risk Management

Top 10 Topics for Directors in 2016: Cybersecurity

Cybersecurity - Nearly 90 percent of CEOs worry that cyber threats could adversely impact growth prospects, up from nearly 70 percent the previous year. Yet, in a recent survey, nearly 80 percent of the more than 1,000...more

1/15/2016 - Board of Directors Corporate Governance Cybersecurity Popular Risk Management

Top 10 Topics for Directors in 2016: M&A Developments

M&A Developments - M&A activity has been robust in 2015 and is on track for another record year. According to Thomson Reuters, global M&A activity exceeded $3.2 trillion, with almost 32,000 deals during the first three...more

1/15/2016 - Acquisitions Board of Directors Corporate Governance Mergers

Top 10 Topics for Directors in 2016: Board Composition and Succession Planning

Board Composition and Succession Planning - Boards have to look at their composition and make an honest assessment of whether they collectively have the necessary experience and expertise to oversee the new opportunities...more

1/15/2016 - Board of Directors Corporate Governance Succession Planning

Top 10 Topics for Directors in 2016: Social Media

Social Media - Companies that ignore the significant influence that social media has on existing and potential customers, employees and investors do so at their own peril. Last quarter, Facebook reported daily active...more

1/15/2016 - Board of Directors Corporate Governance Facebook Online Reputation Reputation Management Social Media Twitter

Top 10 Topics for Directors in 2016

Top 10 Topics for Directors in 2016 U.S. public companies face a host of challenges as they enter 2016. Here is our annual list of hot topics for the boardroom in the coming year... Please see full Alert below for more...more

12/31/2015 - Audit Committee Board of Directors Corporate Governance Cybersecurity Shareholder Activism

Top 10 Topics for Directors in 2016: Shareholder Activism

Shareholder Activism - Shareholder activism and “suggestivism” continue to gain traction. With the success that activists have experienced throughout 2015, coupled with significant new money being allocated to activist...more

12/23/2015 - Audit Committee Board of Directors Corporate Governance Cybersecurity Proxy Access Shareholder Activism Strategic Planning

Top 10 Topics for Directors in 2016: Strategic Planning Considerations

Strategic Planning Considerations - Strategic planning continues to be a high priority for directors and one to which they want to devote more time.i Figuring out where the company wants to — and where it should want to...more

12/18/2015 - Climate Change Corporate Governance Corporate Social Responsibility Oil & Gas Strategic Planning

Top 5 Delaware Case Developments in 2014 for M&A Practitioners

In this analysis: - Introduction - MFW standard applied - Control explained - Indemnification tested - Revlon and fiduciary duties examined - Delaware reaches out - Excerpt...more

2/9/2015

U.S. Supreme Court Round-Up: Sun Capital Cert Denied, Omnicare Cert Granted and Whistle-Blower Protection Extended

As first discussed in July 2013 the First Circuit Court of Appeals held in Sun Capital Partners III, LP, et al. v. New England Teamsters & Trucking Industry Pension Fund that a Sun Capital Partners private equity fund (Sun...more

3/10/2014 - Commercial Bankruptcy ERISA FMR LLC Lawson v FMR Omnicare Pensions Private Equity Sarbanes-Oxley SCOTUS Securities Act of 1933 Sun Capital Partners Trucking Industry Whistleblower Protection Policies Whistleblowers

Practice Tips for M&A Practitioners for 2014

Based on a number of cases decided by the Delaware courts in 2013, below we summarize practice tips regarding careful drafting of contractual provisions and complying with technical and statutory requirements....more

1/24/2014 - Attorney-Client Privilege Covenant of Good Faith and Fair Dealing Disclaimers Fiduciary Duty Fraud Limited Liability Company (LLC) Reverse Triangular Mergers

Top 5 Delaware Case Developments in 2013 for M&A Practitioners

During 2013, in addition to the important changes to the Delaware General Corporation Law (“DGCL”) and the Limited Liability Company Act, described here, the Delaware courts issued a number of decisions that have a direct...more

1/22/2014 - Board of Directors Business Judgment Rule CEOs Fairness Hearings Forum Selection Going-Private Transactions Minority Shareholders Preferred Shares Shareholders Standard of Review

SEC Requests Public Feedback on Study on Asset Management Issues

On September 30, 2013, the SEC opened a page on its website to allow the public to comment on a study entitled “Asset Management and Financial Stability” by November 1, 2013....more

10/18/2013 - Asset Management Public Comment SEC

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