Mondaq USA: Corporate/Commercial Law
Mayer Brown
Early in 2018, the Nasdaq filed with the SEC an amendment that would update certain aspects of the Nasdaq shareholder approval rules, Rule 5635.
Mayer Brown
In two recent papers, including "Inside the ‘Black Box' of Private In-House Meetings," authors Robert M. Bowen, Shantanu Dutta, Songlian Tang, and PengCheng Zhu, consider the timing of trading ...
Mayer Brown
Congress has passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which principally addresses financial regulatory measures.
Proskauer Rose LLP
The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government's own laws, the court should accord "respectful consideration" to the government's statements, but is not bound to grant them "conclusive effect."
Mayer Brown
On January 1, 2018, a European Union law regulating packaged retail insurance-based investment products went into effect targeting securities offered to retail investors by investment funds.
Mayer Brown
In a recent paper, authors Onur Bayar, Thomas J. Chemmaur and Paolo Fulghieri consider whether allowing insiders with nonpublic information to disclose such information prior to selling their securities.
Mayer Brown
The recently updated Securities and Exchange Commission agenda (see here and here) provides some insight on what to expect in upcoming months.
Mayer Brown
In recent remarks, Commissioner Peirce commented on capital formation, repeating some statistics about the decline in the number of IPOs in recent years and the relatively small number of public companies (about 4,500).
Mayer Brown
Traditionally, courts will defer to the business decisions of a company with independent directors that act in good faith having undertaken reasonable care.
Mayer Brown
On May 11, 2018, the staff of the Division of Corporation Finance of the US Securities and Exchange Commission issued compliance and disclosure interpretations (C&DIs) on proxy rules and related Schedules 14A and 14C.
Mayer Brown
Recently, the Ninth Circuit held that only negligence, not scienter, is required to be shown where a violation of the tender offer provisions of Section 14(e) is alleged.
Mayer Brown
Recently, the Securities and Exchange Commission (the "SEC") announced a settlement with a registrant relating to the registrant's failure to disclose the occurrence of a cyber breach.
Mayer Brown
On April 4, 2018, the staff of the SEC's Division of Corporation Finance updated its Compliance & Disclosure Interpretations on the use of non-GAAP financial measures, by issuing two new C&DIs.
Mayer Brown
The CAQ publication notes that audit committees have an important responsibility to oversee the financial reporting process and external audit.
WilmerHale
Some interesting links we found across the web this week:
Mayer Brown
Recent years have seen significant growth in Securities Act of 1933 class actions filed in California state courts, based on conflicting readings of the jurisdictional provisions of SLUSA.
Mayer Brown
A number of industry groups, including SIFMA, have joined to put forward recommendations to promote capital formation and assist more companies in going public or remaining public.
Mayer Brown
In a recent speech, Commissioner Jackson focuses on the traditional IPO 7% spread, which he refers to as a "tax."
Mayer Brown
Regulation Crowdfunding took effect on May 16, 2016. In line with the second anniversary of the implementation of the Regulation CF, the Heritage Foundation organized a discussion regarding the market.
Mayer Brown
Following the adoption of the Tax Cuts and Jobs Act, the debate regarding the use of stock repurchase programs by companies seems to have gotten more politicized than ever.
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Arnold & Porter
If there was ever a regulatory grace period for virtual currencies and blockchain technology, it is officially over.
Carlton Fields
As of this inaugural publication, there exists no uniformity with respect to how businesses that deal in virtual currencies (also known as "cryptocurrencies") such as Bitcoin are treated among the states.
Schnader Harrison Segal & Lewis LLP
Last November, Deputy Attorney General Rod Rosenstein announced a new enforcement policy. Under the new policy, businesses subject to the FCPA may avoid criminal liability by self-reporting wrongdoing, ...
Jones Day
The Situation: In what may indicate a sea change in terms of who the Department of Justice ("DOJ") is willing to pursue in False Claims Act cases, a private equity firm has been named as a co-defendant in a False Claims Act complaint, along with one of its portfolio companies.
Cadwalader, Wickersham & Taft LLP
SEC Division of Risk and Analysis ("DERA") Director and Chief Economist Jeffrey H. Harris will step down from his position and return to academia on a full-time basis.
WilmerHale
In a speech delivered at last week's 2018 Baruch College Financial Reporting Conference, SEC Chief Accountant Wes Bricker discussed objectives of financial reporting and its importance to the markets.
Cooley LLP
According to a new report from the EY Center for Board Matters, 54% of the 2017 class of directors of Fortune 100 companies served in non-CEO roles and 40% were female.
Fenwick & West LLP
The Securities Enforcement Forum West 2018 brought together current and former senior U.S. Securities and Exchange Commission and U.S. Department of Justice officials, securities enforcement...
Cooley LLP
As discussed in this PubCo post, both ISS and Glass Lewis recommended voting against a proposal to ratify the appointment of GE's auditor, KPMG, at the 2018 GE annual shareholders meeting...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
This case stems from alleged misstatement made by Volkswagen Group of America Finance ("VWGoAF") in an Offering Memorandum governing the issuance of three sets of bonds.
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