Michael P. O'Brien

SEC Will Permit “Proxy Access” Shareholder Proposals
Laurie A. Cerveny,Chris Cox,Janice A. Liu,Michael P. O'Brien,David K. Robbins,Charles A. Sweet, September 27, 2011
An amendment to SEC Rule 14a-8 that will enable shareholders of U.S. public companies (including investment companies) to submit proposals calling for some form of “proxy access” — that is, a procedure permitting shareholders to include alternative nominees for director in the...

SEC Seeks Comments on Review of Existing Regulations
W. Hardy Callcott,Laurie A. Cerveny,Chris Cox,Roger P. Joseph,Michael P. O'Brien,Neal E. Sullivan,Charles A. Sweet, September 20, 2011
On Sept. 6, 2011, the SEC issued a "request for information" about its process for reviewing existing regulations to determine if those regulations continue to be useful and effective. While one may question the SEC's ability, in the midst of so much new Dodd-Frank rule making, to conduct...

Latest Round of CSX v. The Children’s Investment Fund: No Agreement on Whether Equity Swaps Confer Beneficial Ownership
Stephen D. Alexander,Janice A. Liu,Michael P. O'Brien,David K. Robbins, August 2, 2011
In CSX Corp. v. The Children’s Inv. Fund Mgmt (UK) LLP (July 18, 2011), the 2nd Circuit U.S. Court of Appeals reaffirmed that, for violations of Section 13(d) of the Securities Exchange Act of 1934, the injunctive remedy of vote sterilization is not available where timely and curative...