Alert July 07, 2009

Goodwin Procter Issues Public Company Advisory on SEC’s Proposed Proxy Rule Amendments Affecting Shareholder Nomination of Directors

Supplementing an article in the June 16, 2009 Alert, Goodwin Procter has issued a Public Company Advisory discussing proposed proxy rule amendments that would (a) allow shareholders that meet certain conditions to nominate directors for election using a company’s proxy materials (i.e., the company would have to include the shareholder nominee in its proxy statement and proxy card) and (b) generally require a company to include in its proxy materials a shareholder proposal that would amend or request an amendment to the company’s governing documents regarding nomination procedures or disclosures related to shareholder nominations.  View the Public Company Advisory at http://www.goodwinprocter.com/~/media/9729699F997D4DC5B680F8218380D9F9.ashx.