How do boards get a better handle on risk? Triggered in part by the Wells Fargo fiasco, which featured incentivizing sales goals that lead to fraudulent employee behavior, there has been in the governance literature a reexamination of enterprise risk … Continue reading
Stephen Honig
Does your company, whether public or private or nonprofit, have a crisis management plan? An expert panel convened by the National Association of Corporate Directors in Boston on May 9, 2017 all agree that a plan is necessary; they also … Continue reading
What do the largest providers of financial investment products think are the economic trends which will drive the design of products in the near term? While there is mixed opinion as to the robustness of the United States capital markets, … Continue reading
The term “nonprofit organization” is a misnomer, agreed a panel convened Tuesday by the New England Chapter of the National Association of Corporate Directors. Organizations performing public service need profit in order to be sustainable in the long-term delivery of … Continue reading
Last week, the Boston Chapter of the Association for Corporate Growth held an M&A Outlook Conference at the UMass Club. There was much discussion as to where the general economy fell on the timeline between boom and bust. We are … Continue reading
There is a specific Massachusetts governmental regulation concerning protection of personal information of residents of the Commonwealth. This regulation protects individuals, corporations, partnerships and other entities. It imposes obligations on any company which retains “personal information,” which is defined as … Continue reading
Whom do you call first when you discover that your system has been breached? Luckily for lawyers, the right answer clearly seems to be “call your lawyer first.” This means before you call an outside company to remediate, or your … Continue reading
The common understanding is that boards of directors owe fiduciary duties to the shareholders. This is the “Delaware rule” and has been understood until now to apply also to Massachusetts corporations. Not so fast. Although the rule in Massachusetts remains … Continue reading
Yesterday I blogged the start of the joint SEC/NYU “Dialogue” on federal crowd funding for the sale of securities. Late yesterday SEC Commissioner Stein released a public statement on matters focused by that Dialogue, suggesting that not only is crowd funding still rare … Continue reading
The current Administration of course is suspicious of government regulation. The Acting SEC Chair, Michael Piwowar, a conservative Republican who has been on the Commission for a long time, has suggested that the SEC may further deregulate crowd funding to facilitate … Continue reading