Business Law Section Spring Meeting 2021

Topics for this years Spring 2021 meeting include:

Corporate Social Responsibility in the Wake of Increased Demands for ESG Disclosure

ESG is a priority topic in the corporate governance context and among asset managers. We've already seen many fast-moving developments on the regulatory front, and the private sector has been implementing ESG related changes as well. There has been a lot of focus on climate risk, but ESG is about more than the environment. For example, worker health and safety has received a great deal of attention, particularly in light of COVID. What might we expect over the next year or two regarding ESG? More mandatory disclosure? More voluntary disclosure? How might regulators take ESG into account as part of examinations and supervision? What about when it comes to enforcement?

NASDAQ to Advance Diversity Through New Proposed Listing Requirements

With companies focusing on Environmental, Social and Governance efforts, the program will discuss efforts to increase diversity on corporate boards.

Correlating Executive Compensation with Performance: Developing a Sound Methodology

The vast majority of Boards unilaterally set compensation for themselves and senior management. Yet recent Court decisions in Delaware and other states evince a trend towards imposing on corporations, in certain circumstances, the obligation to comply with the “fairness standard,” as opposed to the less exacting “business judgment rule.” In light of this apparent trend, will Boards be successful in establishing a formulaic or other method adequately justifying that compensation? In the end, would a performance-based methodology satisfy the “fairness standard”?

Virtual Annual Shareholder Meetings

Public companies traditionally held annual meetings in-person, as generally favored by investors. Will virtual annual meetings become the new standard after the number of public companies that hosted annual meetings virtually for the first time skyrocketed in 2020 due to the COVID- 19 pandemic? What lessons and takeaways should companies consider for the next virtual annual meeting?

Speakers

Section Chair: Anthony Q. Fletcher, Esq., Law Office of Anthony Q. Fletcher

Planning Chair: Anastasia T. Rockas, Esq., Skadden, Arps, Slate, Meagher & Flom LLP

Karen J. Garnett, Esq., Proskauer Rose LLP

Lily Yan Hughes, Association of Corporate Counsel

Jericah Cummings, Esq., Paycom

Sherry Moreland, Mediant

Shalom D. Huber, Esq., Skadden Arps Slate Meagher & Flom LLP

Taa Grays, Esq., MetLife Inc.

Thomas Sabatino Jr., Tenneco, Inc.

Troy A. Paredes, Former SEC Commissioner. Paredes Strategies LLC

Aleksandra A. Miziolek, Esq., Board Member, Tenneco Inc.

Caroline S. Kim, Esq., Skadden Arps Slate Meagher & Flom LLP