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CALIFORNIA CORPORATE & SECURITIES LAW

Whole Foods Files Preliminary Proxy Statement Without Shareholder Proxy Access Proposal

Earlier this week, I wrote about Jim McRitchie’s “appeal” of the SEC staff’s decision to concur with the Whole Foods’ exclusion of his shareholder proxy access proposal based on the inclusion of a company proposal.  Yesterday, Whole Foods filed its preliminary proxy statement.  No one should be surprised to see that Whole Foods included its…

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Investor Voice May Rue Adoption Of Single Voting Standard

In yesterday’s post, I discussed why the Council of Institutional Investor’s blanket policy eschewing the counting of abstentions may be neither good nor legal.  CII, however, isn’t the only proponent of not counting abstentions.  As Broc Romanek reported in his Proxy Season Blog, a Seattle based group by the name of Investor Voice SPC is submitting shareholder…

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Staff Considers “Enantiomeric” Proposal And Reaches Opposite Conclusion

Have you ever noticed that your right hand and left hand are the same, but you can’t superimpose one hand perfectly on top of the other?  Your thumbs always end up on opposite sides.  Your hands are “enantiomers”, that is non-superposable mirror images of each other.  Each hand has the same composition as the other hand  (i.e., four fingers,…

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