Company resistance to activist shareholders is most successful if management is transparent, is willing to listen to activist shareholders, is open to new ideas, has a pre-existing plan on how to deal with activist shareholders, and closely monitors transient shareholding … Continue reading
Stephen Honig
A United States Bankruptcy Court has just decided a case indicating the possibility of individual director and officer liability where a bankrupt company had failed to provide advance notice of an intention to reduce staff. The case arose under the … Continue reading
Those acquainted with the musical show “Guys and Dolls” know that the key question on the lips of every wise-guy with a pair of shaved dice in his pocket is, “who’s got the action?” Which leads us to a comment … Continue reading
In my immediately prior post discussing a presentation by Suzanne Schwartz of FDA relative to cyber security in medical devices, I noted that the FDA had proposed regulatory actions during the next twelve months. Hopefully by the end of calendar … Continue reading
The biggest problem in combating medical device cyber-attacks is not technological, it is the secretive reaction of med device companies when confronted with evidence that their devices can be hacked, leading to a refusal to disclose any information about the … Continue reading
CEOs of major New England-based companies are worried this year about a reasonably predictable list of immediate problems which impact the local and world economies: Chinese slowdown, the European refugee crisis, lack of domestic liquidity driven by requiring concentration of … Continue reading
You might want to take a look at recent developments in the Delaware law relating to the liability of corporate directors in case of a freeze out merger or other self-interested transaction. You can start by taking a look at … Continue reading
Why do Republican SEC commissioners continue to criticize last week’s formal regulation requiring disclosure of ratio of CEO comp to median employee comp? The regulation, long overdue, is mandatory under a Federal statute (Dodd-Frank) and is no doubt watered down … Continue reading
All over the morning press, and the buzz in morning email traffic: the SEC is slated to adopt today a disclosure rule requiring larger domestic public companies to disclose the ratio of the compensation of their CEO to the median earnings … Continue reading
Rumors of the impending death of Delaware as the State of choice for forming business entities are, as they say, greatly exaggerated. This notwithstanding the petulant piece on the front page of WSJ yesterday where some larger corporations, incorporated in … Continue reading