Articles

  • Dec 11, 2024 | news.bloombergtax.com | Lawrence Cunningham

    Critics often see internal discord in opponents as a time to pounce. But in situations where intellectual debate is valuable, such discord is a strength. That’s certainly the case when Delaware’s corporate law establishment is seen as internally divided.

  • Dec 10, 2024 | openlegalblogarchive.org | Lawrence Cunningham

    Fascinating trends are afoot in corporate boardrooms, according to data compiled by The Conference Board and its partners, including us at the University of Delaware’s Weinberg Center for Corporate Governance and collaborators from KPMG, Russell Reynolds, and ESGAUGE. Our new report documents record-high demographic diversity (racial and ethnic) in boardrooms, which has now plateaued, along with a continuing rise in substantive diversity (professional background).

  • Nov 21, 2024 | news.bloomberglaw.com | Lawrence Cunningham

    What do Elon Musk and Democratic Massachusetts Senator Elizabeth Warren have in common? They are both wrong to support enacting federal law to replace Delaware’s role as our corporate law capital. Delaware maintains its stature because it favors no one. Critics from the right declare it has adopted an anti-shareholder and approach sympathetic to the environmental, social, and governance movement, while critics from the left blame Delaware for stalling ESG.

  • Sep 11, 2024 | news.bloomberglaw.com | Lawrence Cunningham

    If Securities and Exchange Commission Chair Gary Gensler had his way, companies would now face stringent new disclosure requirements on stock buybacks, climate matters, workforce management, and other environmental, social, and governance issues. Despite Gensler’s ambitious ESG agenda over the past three years, many of his proposals remain unresolved. As we approach the election, the ESG movement appears to be weakening.

  • Jun 15, 2024 | morningstar.com | Lawrence Cunningham

    By Lawrence A. Cunningham A tribute to the late 'architect' of Berkshire Hathaway highlights his guiding principles and philosophy Charlie Munger, the esteemed vice chairman of Berkshire Hathaway (BRK.A) (BRK.B) who passed away last November at the age of 99, was honored last week at a tribute hosted by the Museum of American Finance and the Gabelli School of Business at Fordham University.

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