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ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite...more

The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The...more

Delaware Supreme Court Clears Path for Officer Exculpation in Multi-Class Corporations

On January 17, 2024, the Supreme Court of Delaware upheld the Delaware Chancery Court’s decision in In re Fox Corp./SNAP Inc. Section 242 Litigation, which held that corporations with a multi-class voting structure did not...more

Corporate Governance Practices and Trends in Silicon Valley and at Large Companies Nationwide

For two decades, Fenwick has reported on corporate governance statistics and trends among the S&P 100 and Silicon Valley’s top public companies (Fenwick – Bloomberg Law Silicon Valley 150 List), with the goal of educating...more

Proxy Voting Advisory Firms Address Severance Payments, Cybersecurity Risk Ownership and Share Ownership Guidelines in Updates to...

Institutional Shareholder Services (ISS) and Glass Lewis, the leading proxy voting advisory firms in the United States, have announced updates and clarifications for their voting guidelines for the U.S. market for the 2024...more

Biotech Companies Continue to Make Progress on ESG

A Look at the Disclosure Practices of Small and Mid-Size Companies - In our report we continue to look at the progress that smaller public biotech companies have made in their reporting on environmental, social and...more

California Adopts Bill Regulating Net Zero, Carbon Offset Disclosures

California Adopts Bill Regulating Net Zero, Carbon Offset Disclosures - On October 7, 2023, California adopted new requirements that will impact the voluntary carbon offset market and companies making certain emissions...more

2023 Proxy Season Results in Silicon Valley and Large Companies Nationwide

Broadly considered, stockholder activism has been a significant phenomenon among the largest U.S. public companies, with activists of a variety of stripes waging campaigns on a wide range of issues including in the form of...more

The Future of Corporate DEI Programs in the Aftermath of the Supreme Court’s Harvard Decision

It has been a few months since the United States Supreme Court issued its ruling in Students for Fair Admissions v. Harvard, a landmark case involving affirmative action. The court’s decision prohibits universities from...more

SEC Adopts Rules for Shorter Deadlines and More Transparency in Share Ownership Reporting

On October 10, 2023, the U.S. Securities and Exchange Commission adopted new rules (the Amendments) that amend Regulation 13D-G under the Securities Exchange Act of 1934 (the Exchange Act), which provide companies, and the...more

ESG Reporting for Private Companies

As we have noted in our previous report, environmental, social and governance (ESG) issues have garnered significant attention from a variety of stakeholders, resulting in increased reporting by many companies. While much of...more

SEC Adopts New Cybersecurity Disclosure Rules

On July 26, the U.S. Securities and Exchange Commission adopted rules to enhance and standardize public company disclosure of cybersecurity incidents, risk management, strategy and governance. In particular, the rules,...more

SEC Amends Rules for Disclosure of Share Buybacks

On May 3, 2023, the U.S. Securities and Exchange Commission adopted amendments (the share repurchase amendments) to its rules regarding disclosure of securities repurchase programs (also known as share buybacks) by companies...more

ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Stepped Up ESG Reporting Last Year

Environmental, social and governance (ESG) concerns and how companies respond to them continue to generate scrutiny from a large number of stakeholders. Last year, in our ESG in Silicon Valley: A Look at the ESG Disclosure...more

Navigating Uncertain Times: IPO Insights for Late-Stage Technology and Life Sciences Companies - 2023

After 2022’s challenging capital markets environment, leaders in the technology and life sciences industries have set their sights on 2023 and beyond—evaluating the private fundraising market, looking for ways to extend their...more

2022 Corporate Governance Practices and Trends

Fenwick has surveyed the corporate governance practices of the companies included in the Standard & Poor’s 100 Index (S&P 100) and the technology and life sciences companies included in the Fenwick – Bloomberg Law Silicon...more

SEC Adopts Rule Amendments to Provide Enhanced Disclosure of Rule 10b5-1 Plans and Insider Trading

On December 14, 2022, the U.S. Securities and Exchange Commission adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934 (Exchange Act) and new disclosure requirements designed to enhance investor...more

2022 Proxy Season Results in Silicon Valley and at Large Companies Nationwide

This comprehensive report includes five-year trend data, covering the 2018-2022 proxy seasons, for annual meeting participation, director elections, say-on-pay and other proposals among the technology and life sciences...more

SEC Adopts ‘Clawback’ Rules for Executive Compensation

On October 26, 2022, the Securities and Exchange Commission (SEC) adopted rules directing the national securities exchanges to create listing standards requiring listed companies to develop and implement policies that...more

The Evolution of ESG Disclosure for Biotech Companies

Despite some recent criticisms of environmental, social and governance (ESG) initiatives and their proponents, demands for ESG information, including by large institutional investors and regulators, are expected to continue....more

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