A prior blog post on corporate governance and cybersecurity mentioned recent high-profile cyberattacks on companies like Sony, Home Depot, Target, and Yahoo, and discussed the growing role the board of directors has in overseeing a corporation’s cybersecurity risk management.1 That blog post ended noting that, given the complexity of cybersecurity, the severe consequences an attack…
Author: Andrew Norwich
Examining the Board’s Oversight Duties in the Cybersecurity Context
Recent high-profile cyberattacks on companies including Sony, Home Depot, Target, and Yahoo underscore how important effective cybersecurity has become to a corporation’s stakeholders, including shareholders and customers. Given the serious threat hacks pose, oversight in this area has become a key duty of the corporation’s board of directors. Yet evidence shows that boards may not…
What’s Next for Merchants and Consumers After the Second Circuit’s Decision in United States v. American Express?
On September 26, 2016, the Second Circuit U.S. Court of Appeals threw out a 2015 antitrust decision against American Express Company.1 The decision is the latest development in a five-year saga between the U.S. Department of Justice and seventeen individual states against Amex for its “nondiscrimination provisions,” or NDPs, which are contractual provisions that prohibit…
Examining the Hershey Trust Company Through Mondelez’s Failed Takeover Attempt
After months of negotiations and two rebuffed bids, Mondelez International Inc. gave up its summer-long courtship of the Hershey Company near the end of August 2016.1 The $20-plus billion bids were noteworthy for Mondelez’s persistence in attempting to unite the two confectionary giants. Mondelez’s failed takeover highlighted the continuing importance of the Hershey Trust Company,…