Institutional Shareholder Services Releases Proxy Voting Guidelines for 2016 Meetings

By | Canadian M&A Law | November 25, 2015
Institutional Shareholder Services Releases Proxy Voting Guidelines for 2016 Meetings

On November 20, 2015, Institutional Shareholder Services (ISS) released its 2016 Americas Proxy Voting Guidelines Updates (the Guidelines) for meetings held in 2016. The Guidelines are a product of ISS’ 2015 global policy survey, which solicited the views of investors, companies, and other interested parties with respect to corporate governance issues.

Judge Furman Allows GM to Withhold Attorney Documents in Ignition Switch MDL, Rejects “Crime-Fraud” Exception

By | SDNY Blog | November 25, 2015

In an opinion today the GM ignition switch MDL (prior coverage here), Judge Furman rejected the plaintiffs’ attempt to force GM and its lawyers at King & Spalding to produce, under the “crime-fraud” exception to attorney-client privilege, documents relating to King & Spalding’s advice on earlier ignition switch cases that were settled confidentially.

Appraisal Rights and Institutional Investors’ Fiduciary Duties

In this 2015 article from the Arizona Law Review, “Shareholder Litigation Without Class Actions,” Boston University Law School Professor David Webber imagines a “post-class-action landscape for shareholder litigation,” positing that the class action vehicle is becoming gutted by the courts and that mandatory arbitration provisions are undermining the class action device.

Failure to Provide Notice of Related Suit and Exclusion for Insufficiency of Escrow Funds Preclude Coverage for Claim Against Insured Title and Escrow Company

By | Executive Summary Blog | November 25, 2015

An Oklahoma federal district court has held that an insurer properly denied coverage for a lawsuit because notice to the insurer of an earlier suit seeking temporary injunctive relief did not also qualify as notice of the later suit involving the same conduct and seeking damages.