Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Diversity (2)
- Board diversity (1)
- Comply-or-explain (1)
- Corporate negligence (1)
- Credible basis (1)
-
- ESG (1)
- Economic Injury Disaster Loans (1)
- FTCA (1)
- Federal Tort Claims Act (1)
- HBCU (1)
- Inclusion (1)
- Liability (1)
- National Association of Securities Dealers Automated Quotations (Nasdaq) (1)
- Overwatch (1)
- PPP loans (1)
- Rational belief (1)
- Reparations (1)
- SEC (1)
- Securities Exchange Act (1)
- Securities and Exchange Commission (SEC) (1)
- Shareholder information rights (1)
- Small Business Administration (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
Emory Bankruptcy Developments Journal
The Small Business Administration (“SBA”) has been providing disaster relief in the form of Economic Injury Disaster Loans (“EIDLs”) since its inception in 1953. In the context of the COVID-19 pandemic, the CARES Act charged the SBA with issuing forgivable loans through the Paycheck Protection Program (“PPP”) to small businesses which would otherwise face permanent closure. Though the CARES Act did not specifically grant the SBA authority to do so, the SBA interpreted its powers to include the ability to set requirements for loan approval which were not laid out in the Act itself. Specifically, the SBA promulgated a rule …
From Director Liability To Officer Liability To Esg Caremark Claims: A Natural Evolution?, Gareth Mchugh
From Director Liability To Officer Liability To Esg Caremark Claims: A Natural Evolution?, Gareth Mchugh
Emory Corporate Governance and Accountability Review
With the McDonald’s decision, officers and directors could face Caremark liability for the first time, and this decision could also lead to an influx of ESG-based Caremark claims in Delaware Courts. This Comment explains that, while ESG Caremark claims would force corporations to adopt ESG oversight systems to avoid liability, the very political, social, and legal environment that created a growing call for ESG Caremark claims presents a beneficial opportunity for corporations to appeal to consumers and investors by proactively adopting ESG oversight systems. Corporations are at a nexus where they can either willingly adopt ESG oversight systems and reap …
To Have Or Have Not: The Limits Of Comply-Or-Explain Governance In An American Exchange, Johnson A. Salisbury Jr.
To Have Or Have Not: The Limits Of Comply-Or-Explain Governance In An American Exchange, Johnson A. Salisbury Jr.
Emory Law Journal
In 2020, the National Association of Securities Dealers Automated Quotations (“Nasdaq”) proposed a comply-or-explain governance rule to the Securities and Exchange Commission (“SEC”), aimed at increasing diversity in companies listed on its exchange. The resulting listing rule—approved by the SEC in 2021—was met with a mixed chorus of cheers and jeers from the public and regulated companies. Missing from that chorus, however, was an analysis of the effectiveness of Nasdaq’s approach in using a flexible, predominantly international comply-or-explain governance model to regulate the companies listed on its exchange.
Framed as a disclosure code, Nasdaq’s Listing Rule 5605(f)(2) requires listed companies …
Shareholder Inspection Rights: From Credible Basis To Rational Belief, Lynn Bai
Shareholder Inspection Rights: From Credible Basis To Rational Belief, Lynn Bai
Emory Corporate Governance and Accountability Review
Jurisdictions are split on the standard of proof for shareholder inspection lawsuits when inspections are for the purpose of investigating managerial misconduct. Delaware and its followers apply a credible basis standard that calls for extrinsic evidence, beyond mere suspicion, curiosity, or disagreement with management, to permit an inference of misconduct. A minority of jurisdictions require shareholders to show merely a rational belief that mismanagement likely happened. Rational belief can be satisfied by sound logic without referencing extrinsic evidence. The Delaware Supreme Court rejected rational belief for fear that a permissive standard would lead to a cascade of frivolous inspections, although …
Inherently Incompatible: The Irreconcilable Tension Between Corporate Negligence Claims And The Federal Tort Claims Act, Veronica J. Finkelstein
Inherently Incompatible: The Irreconcilable Tension Between Corporate Negligence Claims And The Federal Tort Claims Act, Veronica J. Finkelstein
Emory Corporate Governance and Accountability Review
No abstract provided.
United We Stand, Divided We Fall: A Survey Of Current Public And Private Initiatives Addressing Board Diversity & A Proposed Sec Diversity Disclosure To Help Increase Board Diversity, Gabrielle Hunter
Emory Corporate Governance and Accountability Review
No abstract provided.
40 Acres And A Mule: Accountability For Corporations To Provide Reparations To Historically Black Colleges And Universities For Profits From Slave Labor, Meghan K. Marks
40 Acres And A Mule: Accountability For Corporations To Provide Reparations To Historically Black Colleges And Universities For Profits From Slave Labor, Meghan K. Marks
Emory Corporate Governance and Accountability Review
No abstract provided.