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Last month, we discussed the fact that proxy access remains a “hot-button” corporate governance issue and the outcome of the debate remains uncertain. This discussion continues herein.
Rule 14a-11
Rule 14a-11 and the amendments to Rule 14a-8 initially were scheduled to become effective on Nov. 15, 2010 and to be operative for most companies during the 2011 proxy season. It came as no surprise, however, when on Sept. 29, 2010, the U.S. Chamber of Commerce and the Business Roundtable filed a Federal lawsuit seeking to overturn the proxy access rule, and asking the SEC to delay its effectiveness. The lawsuit labeled Rule 14a-11 as “arbitrary and capricious,” and cited First Amendment arguments and states” rights concerns as grounds, among others, for overturning the new rule.
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