The New Paradigm and the EU Shareholder Rights Directive II

Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Saturday, May 11, 2019 Editor's Note: Martin Lipton is a founding partner of Wachtell, Lipton, Rosen & Katz, specializing in mergers and acquisitions and matters affecting corporate policy and strategy. This post is based on a Wachtell Lipton memorandum by Mr. Lipton, Steven A. Rosenblum, Karessa L. Cain, and Sabastian V. Niles. As was noted in The New Paradigm: A Roadmap for an Implicit Corporate Governance Partnership Between Corporations and Investors to Achieve Sustainable Long-Term Investment and Growth, the then draft of the EU Shareholder Rights Directive II (SRDII) was one of the many corporate governance laws, regulations, guidelines and principles that were considered in creating The New Paradigm. SRDII was adopted in 2017, and this year Luxembourg is considering legislation to implement SRDII. One provision of the legislation is very similar to a key aspect of stewardship in the 2019…

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