Berkeley Fall Forum

Day 1 – November 11, 2021

Affirmation and Evaluation Form

View form

The “State” of Delaware

Laws and Programs Affecting Business (rlf.com)

Proposed Amendments to the Delaware General Corporation Law and Delaware’s Limited Liability Company and Partnership Acts (rlf.com)

Significant Recent Changes to the Delaware Limited Liability Company Act (Thelegalintelligencer.com)

Stockholders Rejoice: The Changing Landscape of Section 220 of the Delaware General Corporation Law (jlpp.org)

Delaware’s Dominance, Wyoming’s Dare. New Challenges, Same Outcome? (ssrn.com)

Delaware Decision Deals with Director Independence (Harvard.edu)

The Delaware Law Series (Harvard.edu)

ESG – The Signal and the Noise

ESG in 2021 So Far: An Update (Harvard.edu)

ESG Confusion and Stock Returns: Tackling the Problem of Noise by Florian Berg, Julian F Kölbel, Anna Pavlova, Roberto Rigobon (ssrn.com)

Understanding-the-noise-that-comes-with-ESG-investing.pdf (cfm.fr)

future-of-sustainability.ashx (cfainstitute.org)

Pathways to Materiality Paper (hbs.edu)

Preparing for Potential Updates to HCM & Board Diversity Disclosure Requirements (Harvard.edu)

ESG as the Driving Factor in Multi-Country Class Action Cases (Harvard.edu)

2021 ESG + Incentives Report (Harvard.edu)

M&A Highlights from the Year Nobody Expected

Global M&A Industry Trends (pwc.com)

Merger & Acquisition Market at Record Pace in 2021 (natlawreview.com)

2020 Year in Review: The Surprising Resilience of M&A (bain.com)

What M&A Looks Like During the Pandemic (hbr.org)

Women and M&A (ssrn.com)

Pleading Bad Faith Against Special Committee Members: A New Trend? (Cooley M&A)

Keeping Up with Delaware Appraisal Jurisprudence Since Aruba: Deal Price Reigns Supreme, But Will Recent Decision Lead to More Arbitrage? (Cooley M&A)

What Will Fuel Markets in 2022 and Beyond?

The Great M&A Run of 2022 to 2026 - Private Equity Setting Up to Dominate M&A - Greenwich Capital Group (greenwichgp.com)

M&A deals and risks will keep rising (grantthornton.com)

M&A Trends Survey: The future of M&A (deloitte.com)

President Biden’s Executive Order on Competition: Three Important Takeaways for Tech and Life Sciences Companies (Cooley M&A)

Proposed Federal Tax Legislation Would Reduce QSBS Benefit and Raise Capital Gain Rates (Cooley M&A)

Day 2 – November 12, 2021

Affirmation and Evaluation Form

View form

The Future of Corporate Governance

Framing the Future of corporate governance - Deloitte Governance Framework

Covid-19 Is Rewriting the Rules of Corporate Governance (hbr.org)

Toward artificial governance? The role of artificial intelligence in shaping the future of corporate governance (SpringerLink)

ECGI - The Corporate Governance Machine (ecgi.global)

2021 Corporate Governance Trends in the Retail Industry (Harvard.edu)

Mega-Cap and Large-Cap Consumer Companies Vary in Adoption of Governance Practices (Harvard.edu)

Board Structure Is Key to Oversight (Harvard.edu)

Checking in on the SEC

SEC Division of Enforcement 2020 Annual Report (Harvard.edu)

Top SEC Official Suggests More ESG Enforcement Is Coming (Law360)

Navigating the Digital Frontier – FinTech, Crypto

FinTechnicolor: The New Picture in Finance (mckinsey.com)

Navigating the Contested Rise of Fintech (mit.edu)

Digital Disruption in Banking and its Impact on Competition (OECD)

A Guide for Boards and Companies Facing Ransomware Demands (Harvard.edu)

DeFi and the Future of Finance (Harvard.edu)

Locating Stablecoins within the Regulatory Perimeter (Harvard.edu)

Crypto M&A: The Central Role of Money Transfer Regulations (DealLawyers.com)

Capital Markets Crystal Ball

Capital Markets in 2030 - The future of equity capital markets (pwc.com)

2021 banking and capital markets outlook (Deloitte Insights)

The Five Myths of CFIUS

Eight Common Misconceptions of CFIUS Review (ccbjournal.com)

Defining 'National Security': Resolving Ambiguity in the CFIUS Regulations (upenn.edu)

National Security: 2020 CFIUS Annual Report (DealLawyers.com)

Nowhere to Hide: Treasury Builds Team Focused on Searching for Transactions Not Filed with CFIUS (Winston.com)

National Security: CFIUS’s Cybersecurity Compliance Expectations (DealLawyers.com)