The Informed Board

Skadden, Arps, Slate, Meagher & Flom LLP

As strict economic sanctions become more common, what can multinationals do to prepare for forced exits from countries or JVs? With employees quitting in record numbers and millions of jobs going unfilled, how can boards ensure a healthy corporate culture that attracts and retains essential talent? We offer some answers to both questions in this issue of The Informed Board.

You will also find help in understanding and responding to duplicative suits and demands many companies face from shareholders claiming to assert the company’s legal rights. And, in a podcast, three Skadden partners discuss how antitrust regulators and the SEC are employing rulemaking and other powers to fulfill the Biden administration’s broader social policy goals — and whether they have stretched beyond their legal mandates. Finally, two experienced directors offer tips about making boards most effective.

In the Name of the Company: When Stockholders Interfere in the Boardroom
Because stockholders have unique and numerous ways to assert rights belonging to corporations, companies can find themselves defending essentially the same claims in multiple guises and jurisdictions. Here are some ways to manage the proliferation.

Winning the War for Talent: It’s the Board’s Responsibility, Too
With millions of employees resigning and millions of positions unfilled, boards need to monitor corporate culture closely to ensure that their companies have the talent they need to thrive.

Preparing for the Unexpected: Problematic Partners, Forced Exits and Extractions
Recent events have brought home the need for multinationals to have contingency plans to deal with the impact of geopolitical disruptions on operations and personnel. Here are ways directors can help ensure their companies are prepared.

How Antitrust Regulators and the SEC Are Advancing the Wider Biden Agenda
In this inaugural episode of the Informed Board podcast, Skadden partners Maria Raptis and Raquel Fox join our host Ann Beth Stebbins to discuss changing approaches to antitrust and securities regulation in Washington. They talk about new priorities in antitrust enforcement, new disclosure initiatives by the Securities and Exchange Commission, and the obstacles that could hinder regulatory rulemaking.

Two Directors Share Lessons on Building a Highly Functioning Board
DuPont's Alexander Cutler believes that executive sessions before and after formal meetings maximize a board's effectiveness. Boston Scientific's Yoshiaki Fujimori recommends careful allocation of a board's time according to the company's priorities.

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