2019

Some good news for the cybersecurity class action bar

Sep 19, 2019

On September 19, 2019, the D&O Diary published a guest post by John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement. In his post, Mr. Stark discusses a recent development in the class action litigation arising out of the massive Marriott International data breach.

This development could have significant ramifications for other claimants asserting class action claims, including securities class action claims, based on data breaches or other cybersecurity incidents.

Review the full post on the D&O Diary's website.

Speech on ethics, professionalism and the public interest

Nov 04, 2019

On November 4, 2019, the International Ethics Standards Board for Accountants (IESBA) released a speech by Dr. Stavros Thomadakis, IESBA Chair given at the National Accounting Institute in Beijing, China.

In his speech, he discusses:

  • IESBA: An independent and authoritative standard setter
  • Restructuring and revision: The new code of 2018
  • The ecode: A valuable tool for users
  • Working for the future
  • Recognizing the synergy of ethics and ISAs
  • Technological revolution
  • From global ethical practice to ethical leadership

Review the full speech on the IESBA's website.

Stakeholders’ primacy: paradigm shift confirmed

Sep 30, 2019

In September 2019, Norton Rose Fulbright released a summary of Bill C-97, which stipulates that when acting in the best interests of the corporation, directors and officers may consider, but are not limited to the interests of shareholders and certain other stakeholders.

At first glance, the new provision appears consistent with the Supreme Court’s reasoning in cases on director liability, but, given a heightened climate for director accountability and recent focus on stakeholder interests in Canada and abroad, it is imperative to review the potential implications of these changes for corporate leaders.

The summary covers:

  • From shareholder’s to stakeholder’s primacy?
  • CBCA now expressly recognizes stakeholder interests
  • Differences between the CBCA and US corporate statutes
  • Recommendations

Review Bill C-97 on the Parliament of Canada's website and the summary on Norton Rose Fulbright's website.

Status, fear, and solitude: Men and gender equality at the top

Apr 08, 2019

On April 8, 2019, we published an article that asks why is workplace gender equality still so difficult to achieve? Much of the answer may lie in an unexpected place: how traditional masculinity keeps men tied to the strenuous expectations of many organizational cultures.

Deloitte’s new report “The design of everyday men” investigates men’s experiences with work, family, and masculinity to explore the impact of organizational and cultural expectations on their behavior both within and outside the workplace.

Review the full article on our US firm's website.

Steps leaders can take to get the most out of feedback

Sep 10, 2019

On September 10, 2019, the Harvard Business Review (HBR) published an article on how business publications are filled with articles about feedback, but the focus tends to be on the transfer of data. What is less explored is how leaders should respond once they receive that data.

Even when leaders make an effort to collect robust feedback, they only access about 25% of its potential value. This is because the process often stops too soon.

Review the full article on HBR's website.

Striking the right balance between sustainable development and sustainable debt

Dec 19, 2019

On December 19, 2019, the International Monetary Fund Blog (IMFBlog) published a blog on how over the past two decades, sub-Saharan Africa has made considerable economic progress: extreme poverty levels have declined by one third; life expectancy has increased by a fifth; and real per capita income has grown by about 50 percent on average. Yet, sub-Saharan Africa is still only half-way to meeting the Sustainable Development Goals.

To achieve these goals, sub-Saharan Africa will need financing. One of the ways to access financing is through borrowing. It makes sense for governments to incur debt if done wisely. If debt is used to finance projects that boost productivity and living standards, such as investing in roads, schools, and hospitals—and if governments can recoup enough of the benefits of these investments to repay the incurred debt—then borrowing is worthwhile.

Review the full blog on the IMFBlog's website.

Tax policy reforms 2019 report released

Sep 05, 2019

On September 5, 2019, the Organisation for Economic Co-operation and Development (OECD) published "Tax Policy Reforms 2019: OECD and Selected Partner Economies", the latest edition of its annual report identifying major tax policy trends. The report covers the 36 OECD countries, plus Argentina, Indonesia and South Africa.

The report highlights that fewer countries have introduced comprehensive tax reform packages in 2019 compared to previous years, with the most comprehensive reforms in the Netherlands. Other significant tax changes implemented were in Lithuania (labor taxes), Australia (personal income taxes), Italy (corporate income tax) and Poland (personal and corporate income taxes).

Other key findings include:

  • Corporate tax rate cuts have continued but are less significant than those introduced in 2018. The countries introducing the most significant reductions tend to be those with higher initial tax rates, leading to further convergence in corporate tax rates across countries.
  • Efforts to fight corporate tax avoidance have progressed with the adoption of significant reforms in line with the OECD/G20 Base Erosion and Profit Shifting (BEPS) project. The tax challenges arising from the digitalization of the economy continue to create concerns, with some countries adopting unilateral measures while global efforts to achieve a consensus-based multilateral solution continue. 
  • Several countries have continued to lower personal income taxes, particularly for low- and middle-income earners and the elderly. Some also have expanded tax incentives to support pension savings and small savers. 
  • Once again this year, there were very few changes to property taxes.
  • Standard VAT rates continue to stabilize across countries, as observed in the last few years.
  • The pace of environmentally-related tax reforms has slowed.

Review the press release and report on the OECD's website.

TCFD Implementation Guide

May 23, 2019

In May 2019, the Sustainability Accounting Standards Board (SASB) and the Climate Disclosure Standards Board (CDSB) have jointly released the TCFD Implementation Guide, which offers an effective solution for organizations around the world, in all industries and sectors, drawing on both organizations’ well-established reporting frameworks to provide companies with how-to guidance.

The guide is intended to help companies to more effectively take the TCFD recommendations from principles to practice, to offer greater insight into the material climate-related financial risks and opportunities they face, equipping investors with reliable, comparable, decision-useful information, and enhancing the resilience and stability of global capital markets to drive sustainable, long-term economic development.

Review the guide on the SASB's website.

The case for hiring older workers

Sep 26, 2019

On September 26, 2019, the Harvard Business Review published an article on how there’s a lot of talk about gender bias, racial bias, and culture bias at work, and each are important for many reasons. But perhaps one of the biggest and most problematic types of bias we face is the bias of age: we often evaluate people based on their age, and this is now becoming a major challenge in the workplace.

Review the full article on the Harvard Business Review's website.

The case for quarterly and environmental, social, and governance reporting

Aug 27, 2019

In August 2019, the CFA Institute, a global association of investment professionals, published a report entitled "The Case for Quarterly and Environmental, Social, and Governance Reporting" that is based on a survey of its global membership on the topic.

Respondents to the survey believe that specific ESG and sustainability disclosures should be a regulatory requirement for public companies and that securities regulators should either develop ESG disclosure standards or support an independent standards setter (i.e., a single, global standards setter in this field) to develop such standards.

Review the press release and report on the CFA Institute's website.

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