The SEC's Proposed Shareholder Nomination Rules: A Dialogue

April 1, 2004

Joseph McLaughlin

Americans are traditionally wary of large aggregations of economic power. The antitrust laws are one means of expressing this wariness, but so are the federal securities laws. Any person that “controls” a public company has to pay a price in terms of disclosure and often in terms of having to accept certain disabilities and liabilities.

The SEC's Proposed Shareholder Nomination Rules: A Dialogue