“Bundling” was a colonial American practice of unmarried persons sharing the same bed whilst being physically separated by a board or sack. As might be expected, bundling had its critics. One Henry Reed Stiles...more
A forthcoming academic paper looks for bundling in more than 1,500 management proposals between 2003 and 2012. Bundling occurs when multiple matters are combined into a single proposal. The authors, James Cox, Fabrizio...more
The U.S. Securities and Exchange Commission (SEC) staff recently issued several Compliance and Disclosure Interpretations (C&DIs) providing guidance as to when it is permissible under Rule 14a-4(a)(3) (and its companion rule,...more
The staff of the SEC’s Division of Investment Management issued a Guidance Update discussing its position that a single proxy proposal to amend an investment company charter must be “unbundled” to provide a separate vote for...more
On January 24, the Securities and Exchange Commission’s Division of Corporation Finance issued three new Compliance and Disclosure Interpretations (C&DIs) with respect to the SEC’s so-called unbundling rule (Rule 14a-4(a)(3)...more
In this issue: - FTC Announces New Filing Thresholds for Hart-Scott-Rodino Pre-Merger Notifications - SEC Division of Corporation Finance Issues Three C&DIs Relating to “Unbundling Rule” - NFA Members...more
With the recent emphasis on proxy statement compensation disclosure, director independence and corporate governance, little attention has been paid to another issue that can delay your proxy statement mailing schedule and...more
The SEC’s “unbundling” requirements have largely been the stuff of SEC lore -- periodically referred to but rarely seen in corporate governance matters. However, thanks to the high profile dispute between David Einhorn’s...more
On February 22, 2013, the U.S. District Court for the Southern District of New York ruled in favor of Greenlight Capital, L.P., et al. ("Greenlight") in the matter of Greenlight Capital, L.P., et al v. Apple, Inc....more