Publications

Corporate Partners A.J. Kess and Karen Hsu Kelley and Corporate Associate Yafit Cohn published an article in Law360, “A Good Time For Public Cos. To Review D&O Questionnaires.” The article discusses a new Nasdaq rule that requires each listed company to disclose agreements or arrangements between any director or director nominee and any person or entity other than the company “relating to compensation or other payment in connection with that person’s candidacy or service as a director.” In light of this new rule, the authors note that Nasdaq-listed companies should consider amending their D&O questionnaires, as necessary, to request from their directors and director nominees information required to be disclosed under the new rule. The authors also suggest that now is also a good time for all public companies to review their D&O questionnaires to ensure that they elicit the information required to be disclosed under SEC rules. 

To read the article in full, please click here (subscription required).