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
May 2022 Issue read
This Month’s Articles
- Does Positive ESG News Help a Company’s Stock Price? The article’s two authors examined this question by analyzing data on more than 3,000 companies. They found that stock value did tend to rise after positive environmental, social and governance (ESG) news about a firm emerged, but only if the news was financially material-that is, related directly to the company’s sector.
- Corporate Culture: Evidence from the Field. This article reports the results of a survey of 1,348 North American executives regarding their thoughts about corporate culture and the extent to which culture influences value creation (productivity, mergers), ethical choices (compliance, short-termism), and innovation (creativity, risk-taking); and what works against a value-enhancing culture (incentive compensation, investors).
Alternative Dispute Resolution
- Berman V. Freedom Financial Network, LLC. This April, 2002 decision of the Ninth Circuit Court of Appeals addresses the enforceability of an arbitration clause within hyperlinked “terms and conditions” of a website’s consumer contract. The Court held that unless the web operator can show that a consumer has actual knowledge of an arbitration agreement, an enforceable contract will be found based on an inquiry notice theory only under specified circumstances.
Articles of General Interest
- Brain Games: How the Mind Performs Under Pressure: What neuroscience and psychology can tell us about baseball – and ourselves. Its spring, the baseball season has opened, and what better than an article describing brain function and stress in the context of baseball.
- The Rhythm of Sleep. This article opens with the statement: “The effects of insufficient or poor-quality sleep go far deeper than our energy level the next morning.” The article explains how sleep is a key component of our cardiovascular, metabolic and cognitive health. In short, improving sleep can help us live longer, healthier lives.
I hope you find one or more these articles of interest and this Newsletter worthy of your in-box.