I regularly publish a newsletter showcasing articles, court decisions, or news items that I’ve come across that I hope readers will find of interest concerning the subjects that occupy my time and thoughts.  I focus on two principal topics:  legal and business issues concerning alternative dispute resolution (primarily mediation and arbitration), and corporate governance.  Additionally, I look for and try to include two or three articles of general interest that are either humorous or thought-provoking. You may subscribe to receive these newsletters for free. Subscribe

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This Month’s Articles

Corporate Governance

  • Sina proxy battle with Aristeia:  The US hedge fund Aristeia, the 4th largest shareholder of Sina, sought to add two independent directors to Sina’s board in an effort to enhance shareholder returns and improve Sina’s corporate governance.  Sina prevailed, and then “doubled down,” changing its share structure to make future shareholder actions impossible to win.
  • Audit Committee Transparency Barometer The Barometer is the 4th survey conducted by the Center for Audit Quality and Audit Analytics.  It identifies and quantifies trends in how public company audit committees approach the public communication of their external auditor oversight activities.  The 2017 survey reveals a trend to greater transparency and more robust disclosures.  It also includes samples of disclosures the authors deem especially robust.

Alternative Dispute Resolution

  • Arbitral Confidentiality v Open Courts – XPO Intermodal, Inc. v. American President Lines, Ltd. This case addresses the innate conflict between arbitral privacy and court openness.  XPO sought to enforce an arbitral award in which it prevailed and which was subject to a confidentiality agreement.  All parties asked the court to seal the record based upon the confidentiality agreement.  The court held the public policy of open and transparent courts to be paramount, hence it ignored the confidentiality agreement and instead applied a standard test for sealing court records.
  • Arbitrator Duty to Rule Consistent with Prior Arbitral Awards – Rite Aid of New York, Inc. v. 1199 SEIU United Healthcare Workers East:  This otherwise “ordinary” decision regarding the confirmation of an arbitral award in a labor dispute is noteworthy because of its discussion of the obligation of arbitrators to rule consistent with prior arbitral awards.  That question is reviewed and explored in the discussion presented.

Interesting Articles/Cases of the Month

  • What Explains U.S. Mass Shootings? International Comparisons Suggest an Answer:   This piece, by two New York Times columnists, explores the question:  why does the US suffer such a disproportionately high percentage of the world’s mass shootings?   Their answer lies in the numbers, as evidenced by comparing US events to the rest of the world.
  • When Should Leaders Own a Decision and When Should They Delegate?:  Northwestern Kellogg School professor Victoria Medvec discusses effective decision-making, and offers a risk analysis process to help determine when a CEO or senior manager should delegate a decision or make it him/herself.
  • A Second Look at the Steele Dossier—Knowing What We Know Now:  Just Security, a “forum for the rigorous analysis of U.S. national security law and policy” asked a highly regarded former member of the CIA’s Senior Intelligence Service to examine the Steele Dossier using methods that an intelligence officer would to try to validate such information. His report is presented.

I hope you find one or more of the below articles of interest and worthy of your inbox’s space.

Warm regards,

Jim Reiman