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1
Cybersecurity: 2017 Report & 2016 Reflections
In 2016, "cyber" has entered the mind of the general public and the boardroom more than ever before.
Canada
24 Feb 2017
2
Cybersecurity: 2017 Report & 2016 Reflections - What Businesses And Boards Need To Know
In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide.
Canada
22 Feb 2017
3
U.S. Supreme Court Upholds Fraud On The Market Theory In Securities Class Actions
A much-anticipated decision of the U.S. Supreme Court, Halliburton Co. v. Erica P. John Fund, Inc. was released on June 23, 2014.
Canada
7 Jul 2014
4
Crowdfunding And Other New Prospectus Exemptions Proposed By The Ontario Securities Commission
The OSC published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection.
Canada
3 Apr 2014
5
Look(s) Bad For Former Directors
In a recent decision, the Ontario Court of Appeal affirmed a lower court ruling that "advancement" by the corporation to Look's former directors, for advance funding of the directors' legal costs to defend against an action brought by the corporation, is subject to Court approval.
Canada
19 Jul 2013
6
Ensuring Governance Oversight Of Shared Services And Management Services Agreements Among Affiliated Companies: Disclosure Obligations
This is Part II to January’s update entitled, Ensuring Governance Oversight of Shared Services and Management Services Agreements Among Affiliated Companies, by Duncan Card and Barry Reiter.
Canada
12 Mar 2012
7
Ensuring Governance Oversight Of Shared Services And Management Services Agreements Among Affiliated Companies
Part I of this two-part update alerts directors, corporate officers, and corporate counsel to the need to ensure that management (shared) service agreements between affiliated companies are negotiated on a defensible basis, are priced fairly and contain adequate compliance oversight, supervision and remedial provisions.
Canada
25 Jan 2012
8
Rules In Private: Part II
Private companies often require very little governance. But as a business begins to emerge from obscurity and attract an increasing number of investors, it may become desirable to introduce new measures.
Canada
21 Oct 2011
9
Eye On The Ball
As boards come under the increasingly intense scrutiny of regulators and activist shareholders, new demands on their time are distracting them from what really matters.
Canada
21 Oct 2011
10
Directors’ Duties In Various Corporate Forms
The jobs may sound similar, but the underlying risks are very different.
Canada
20 Sep 2011
11
Rules In Private: Part I
Governance at private companies can be simple. But when stakeholder interests aren’t aligned, a company begins to slide into the realm of independent directors and shareholder agreements.
Canada
18 Jul 2011
12
Independence: A Subtle Approach
The movement to regulate corporate governance continues to pick up pace. After an initial focus on audit committees, the more recent target has been compensation committees, responsible for managing the executive compensation process.
Canada
16 Jun 2011
13
Policing Yourself
Board ethics have never been so closely scrutinized by the public and regulators. Having the proper policies and protocols in place – before an ethical lapse is discovered – is critical.
Canada
17 May 2011
14
Swiss Cheese D&O Insurance
Directors’ and officers’ insurance contracts are often riddled with clauses that, while seemingly reasonable and well-intentioned, can lead to bizarre court decisions
Canada
14 Apr 2011
15
Just A Minute?
Much good can come from hiring a corporate secretary to effectively draw up minutes for meetings of the board of directors. Dangers lurk in doing the job poorly.
Canada
21 Mar 2011
16
The CEO Must Go
My friend and corporate governance mentor, Tony Griffiths, tells me (frequently) that the board of directors has only two jobs: hire the CEO and fire the CEO. And, he quickly adds, the board always moves too slowly on the second.
Canada
13 Jan 2011
17
When Commissions Overstep
Until recently, it was thought that rights plans could only be used in Canada to delay an unwanted advance while the board searched for alternatives.
Canada
8 Dec 2010
18
Dual-Class Shares: Not the Enemy
Shareholder activists like to project democratic values onto corporate share structures. But multiple-voting shares can be useful — for common and controlling shareholders alike
Canada
13 Oct 2010
19
Lessons From Magna
A proposal by Magna International Inc. to reorga-nize its capital structure and eliminate a class of multiple-voting shares has raised a fuss. It also raises interesting governance issues.
Canada
13 Oct 2010
20
Hostile Bids - You Can't "Just Say No" in BC
Directors contemplating their arsenal of takeover defences in Canada will want to read the full reasons of the BC Securities Commission, released yesterday, for cease trading the Lions Gate rights plan in April.
Canada
4 Aug 2010
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