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    1. Chancery Court Accepts “Novel Theory” of Liability for Directors

      Chancery Court Accepts “Novel Theory” of Liability for Directors

      In Garfield v. Allen (May 24, 2022), the Delaware Court of Chancery accepted, “with admitted trepidation,” what it called a “novel theory” advanced by the plaintiff—namely, that a corporation’s directors may have breached their fiduciary duties to the stockholders by failing to reverse equity compensation awards made to the CEO after the board became aware, via the plaintiff’s litigation demand letter, that the awards violated a limitation set forth in the company’s equity compensation plan...

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    2. JetBlue Modifies Superior Offer After Consultation with Shareholders

      JetBlue Modifies Superior Offer After Consultation with Shareholders

      JetBlue (NASDAQ: JBLU) today announced that it is modifying its proposal to acquire Spirit (NYSE: SAVE) based on discussions with Spirit shareholders, and issued an open letter detailing the benefits of its decisively superior proposal and the recent misleading statements made by Spirit. JetBlue is communicating the modified proposal to Spirit’s Board today...

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      Mentions: Nasdaq NYSE JetBlue
    3. In Historic Shift, Toshiba Board Gains Two Directors From Activist Hedge Funds

      In Historic Shift, Toshiba Board Gains Two Directors From Activist Hedge Funds

      (Reuters) -Toshiba Corp shareholders voted in two board directors from activist hedge fund investors at its annual general meeting on Tuesday - an inclusion that is expected to add momentum to its exploration of potential buyout deals. Nabeel Bhanji, a senior portfolio manager at Elliott Management, and Eijiro Imai, managing director at Farallon Capital Management were elected, as was...

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    4. Board Directors See Competition for Talent as a Top Concern in the Next Year

      Board Directors See Competition for Talent as a Top Concern in the Next Year

      Increased competition for talent is [the biggest concern over the next year] for directors of public companies, according to a survey of 372 board members by the National Association of Corporate Directors. - However, concerns about the state of the economy also loom large. More than half of board members said that growing inflation was a concern, while 38% said the same of uncertainty regarding the pace of economic recovery...

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    5. US Company Spending on Private Jets for Personal Use Hits 10-year High

      US Company Spending on Private Jets for Personal Use Hits 10-year High

      Spending by US companies on private jets for personal use by chief executives and chairs hit the highest level for a decade last year as many businesses relaxed restrictions on using them because of the pandemic. It rose 35 per cent to $33.8mn among S&P 500 groups in 2021 — the highest since 2012, according to ISS Corporate Solutions, a division of investment adviser Institutional Shareholder Services...

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    6. Investors Want European Banks To Go Further on Board Diversity

      Investors Want European Banks To Go Further on Board Diversity

      (Bloomberg) -- The boardrooms of Europe an financial services companies are failing to meet investor expectations in terms of their gender balance and the technology and sustainability expertise they possess. Some 44% of investors said gender diversity played a part in their decision to buy a company’s shares, according to the poll of...

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    7. How to Engage Boards on Hot-Button Topics

      How to Engage Boards on Hot-Button Topics

      How to Engage Boards on Hot-Button Topics According to two association leaders, CEOs need to engage boards on social issue challenges. And they can do it without things getting messy. Since the start of the pandemic, nonprofit boards have been busier than ever—more meetings, more Zoom calls. But despite all that conversation, boards can still struggle to determine their proper role. That’s especially true as pressure to take on social issues has increased...

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    8. Spirit-Frontier Deal Backed by ISS

      Spirit-Frontier Deal Backed by ISS

      Proxy advisory firm Institutional Shareholder Services Inc. recommended Spirit Airlines Inc. SAVE 2.90%▲ investors vote for a proposed merger with Frontier Airlines, ULCC 6.57%▲ reversing its position on the deal after Frontier sweetened its offer Friday. “On balance, support for the merger with Frontier on the revised terms is warranted,” ISS wrote in a report that was published late Friday and made public Saturday...

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    9. How Elon Musk and Tesla Helped Make C.E.O Pay Even Richer

      How Elon Musk and Tesla Helped Make C.E.O Pay Even Richer

      While those compensation totals are taken from the company’s financial filings, they are often estimates driven by the companies’ attempts to value the stock their chief executives might receive. As a result, the executives may earn less than those totals, especially if the bear market persists and their companies’ stock prices remain depressed, but they could also take home far higher amounts should the stocks recover...

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    10. Mercury Systems Appoints Howard Lance and Bill Ballhaus to Board of Directors

      Mercury Systems Appoints Howard Lance and Bill Ballhaus to Board of Directors

      Mercury Systems, Inc. (“Mercury” or the “Company”), (NASDAQ: MRCY, www.mrcy.com), a leader in trusted, secure mission-critical technologies for aerospace and defense, today announced that Howard Lance, Former Chief Executive Officer of Maxar Technologies, and Bill Ballhaus, Former Chairman and Chief Executive Officer of Blackboard, have been appointed to the Mercury Board of Directors...

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