Under the SEC Staff's hands-off approach to company exclusions of shareholder proposals, companies excluding shareholder proposals in 2026 experienced litigation, the threat of proposal submissions under advance notice bylaws and the risk of lower voting support for directors. Partner Marc Gerber and counsel Jeongu Gim discuss company experiences from this proxy season that will inform the approach companies take for the upcoming proxy season.
The 2026 Shareholder Proposal Exclusion Experience and Takeaways for the 2027 Season
Harvard Law School Forum on Corporate Governance