Searching Content by Cydney Posner from Cooley LLP ordered by Published Date Descending.
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New Bill To Exempt Low-Revenue Companies From SOX 404(B) - Have We Reached An Inflection Point?
That's because, in 2016, the House passed the Fostering Innovation Act of 2015—the very same bill.
United States
15 Feb 2019
On Shareholder Proposal For Mandatory Arbitration Bylaw, Corp Fin Passes The Hot Potato
The issue of mandatory arbitration bylaws is a hot potato—and a partisan one at that (with Rs tending to favor and Ds tending to oppose).
United States
14 Feb 2019
SEC Chair Clayton Discusses Human Capital Disclosure
In remarks for a telephone call on February 6 with SEC Investor Advisory Committee members, SEC Chair Jay Clayton briefly discussed three topics:
United States
11 Feb 2019
New CDI Addresses Diversity Disclosure
Corp Fin has posted a new Compliance & Disclosure Interpretation under Reg S-K that relates to diversity disclosure.
United States
8 Feb 2019
United States
7 Feb 2019
When It Comes To ICFR, The SEC Will Not Tolerate If You Do Not Remediate
Now back to work, SEC Enforcement once again takes up the issue of internal control over financial reporting.
United States
5 Feb 2019
Have We Reached An Inflection Point On Environmental And Social Shareholder Proposals?
In this thoughtful article from the Managing Editor at ISS Analytics, The Long View: US Proxy Voting Trends on E&S Issues from 2000 to 2018, the author contends that, notwithstanding high-level data showing ...
United States
4 Feb 2019
CII Advises On Disclosure Of Board Evaluation Processes
CII emphasizes that its focus is disclosure of the evaluation process, not confidential details about the specific board or director evaluations.
United States
1 Feb 2019
SEC Back To Normal?
Unless you've been unplugged and hiding under a rock recently, you've heard that the federal government shutdown has ended at least for the next three weeks.
United States
30 Jan 2019
Corp Fin Reopens For Business
Today, Corp Fin posted a statement regarding its return to normal operations. For the most part, "absent compelling circumstances," Corp Fin expects to address filings, submissions and requests in the order submitted.
United States
28 Jan 2019
BlackRock CEO Promotes Corporate "Purpose": Should Corporations Step Into The Governmental Vacuum?
In this year's annual letter to CEOs, BlackRock CEO Laurence Fink once again advocates the importance of a long-term approach
United States
28 Jan 2019
New House Bill To Curb Potential Abuse Of 10b5-1 Plans
No action to amend the Rule was taken by the SEC at the time, but some of the concepts in the CII petition are captured in the new bill.
United States
25 Jan 2019
LIBOR Phase-Out—Issues To Consider
You may recall that at the end of last year, SEC Chair Jay Clayton and Corp Fin Chief Accountant Kyle Moffatt were warning at various conferences about some of the risks the SEC was monitoring, among them the LIBOR phase-out, ...
United States
18 Jan 2019
Should We Get Rid Of EPS?
Much has been written about the problems associated with the prevalence of short-term thinking in corporate America.
United States
17 Jan 2019
IPO Mix And Match?
You might want to take a look at this interesting column from Bloomberg's Matt Levine, talking about some recent developments in the IPO market.
United States
16 Jan 2019
Shutdown Updates From Corp Fin—How Did They Do That?
You'll recall that, at the end of last year prior to the shutdown, Corp Fin posted a series of FAQs designed to help companies in the registration process (or contemplating offerings) but expected to be caught in the shutdown.
United States
15 Jan 2019
SEC Enforcement Action For Violation Of Non-GAAP "Equal Or Greater" Prominence Requirement
In case you were questioning whether the SEC continues (assuming it reopens at some point) to address the inappropriate use of non-GAAP financial measures with the same level of gravity as in prior years, ...
United States
9 Jan 2019
SEC Adopts Final Hedging Disclosure Rules
On Tuesday, the SEC finally dredged up the 2015 proposal to implement section 955 of Dodd-Frank regarding hedging disclosure in proxy statements and, without an open meeting
United States
3 Jan 2019
Delaware Chancery Invalidates Exclusive Federal Forum Provisions
In March 2018, in Cyan Inc. v. Beaver County Employees Retirement Fund, SCOTUS held that state courts continue to have concurrent jurisdiction over class actions alleging only '33 Act violations
United States
2 Jan 2019
SEC Shutdown Update; Corp Fin shutdown FAQs
If the SEC shuts down, it will still be possible to file to remove a delaying amendment. In that event, the registration statement will be effective once 20 days have passed.
United States
2 Jan 2019
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