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WATCH NOW: Director Independence — Recurring Issues and Recent Developments

Presented by TheCorporateCounsel.net.

TheCorporateCounsel.net supports the modern corporate practitioner in staying ahead of the latest compliance requirements and procedures in securities regulation and governance.

 

About This Webcast

This program originally aired on Wednesday, March 5, 2025 to members of TheCorporateCounsel.net.

Twenty-plus years into the stock exchanges' corporate governance requirements, boards and their advisors had gotten pretty comfortable navigating questions of director independence. But public companies are now considering whether and how to tighten their procedures in light of recent developments – including the SEC's settlement with a public company director due to his failure to disclose his close personal friendship with an executive officer and the Delaware Chancery Court's Tornetta decision invalidating Elon Musk's 2018 pay package, in which director independence played a significant role. Join our speakers as they discuss recurring issues, recent developments and some common scenarios.

Disclaimer: Members can earn CLE credit by watching programs like this one! However, CLE credit is not available for this recording.

Caroline Kim, Skadden

Bob Lamm, Gunster

Kyoko Takahashi Lin, Davis Polk

Kyle Pinder, Morris Nichols

Back to basics: How the Rules work
  • Listing requirements
  • Nasdaq & NYSE categorical standards
  • Catch all
  • Recent SEC enforcement action

Compensation Considerations

  • Compensation Committees
  • Audit Committees
  • Nominating/Corporate Governance Committees

Preparing for Proxy Season

  • Process and frequency of determinations
  • Proxy disclosure regarding director independence
  • Investor and proxy advisor perspectives, including tenure considerations

Delaware Law

  • Case Law Basics
  • Recent developments
  • Process considerations
  • Senate Bill 21
Discussion of Considerations in Common Scenarios (time permitting)

 

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