Download Q1 2022 Report Introduction and Market Update Welcome friends, clients and readers to FTI Consulting’s quarterly Activism Vulnerability Report, which will present findings from our Activism Vulnerability Screener for the first quarter of 2022 and discuss other notable trends in the world of shareholder activism and engagement. Markets experienced heightened volatility during the quarter, with Russia’s invasion of Ukraine exacerbating already challenging inflation, pandemic, supply chain and oil price considerations, amongst others. Many nations, including the U.S., have imposed heavy economic...

Read more

This blog was originally published on February 25, 2022, and has been updated to reflect further developments | On February 21, 2022, Russia formally recognized the purported independence of two regions in Eastern Ukraine, Donetsk and Luhansk. The next day it ordered Russian troops into the separatist-occupied territories, and the incursion escalated into a multi-pronged invasion of Ukraine on February 24, 2022. Canada swiftly announced new sanctions that target Russia and the occupied Ukrainian regions, as it warned it would...

Read more

Initially published in JD Supra | A debate over penalties for non-willful failure to disclose all of an individual’s or business’ foreign bank accounts may reach the Supreme Court, if a Department of Justice request is granted, according to its recently filed brief. At issue: should the maximum $10,000 Foreign Bank Account Reporting (FBAR) penalty apply on a per-account basis, or rather than in one unified annual basis. Fifth and the Ninth Circuit Courts have produced dueling rulings that could mean...

Read more

In two separate May 25 releases, the U.S. Securities and Exchange Commission (SEC) proposed amendments to (1) Rule 35d-1 (the Names Rule) under the Investment Company Act of 1940 (Investment Company Act) and (2) rules and disclosure forms concerning funds’ and advisers’ incorporation of environmental, social, and governance (ESG) factors. The final rules, if adopted, would make investment companies and advisers subject to tighter standards regarding how funds are named and how ESG factors are disclosed. Amendments to the Fund...

Read more

We are witnessing a legal avalanche relating to business and human rights. Our Business and Human Rights Updates will keep you advised of initiatives of relevance to your business. We are also constantly chasing new tools to enable businesses to identify and effectively address potential harm to people and the environment. Ultimately, what protects people (and the planet) is also what best protects businesses. The European Commission progresses efforts towards a ban on products produced by forced labour ...

Read more