Searching Content indexed under Charges, Mortgages, Indemnities by McDermott Will & Emery ordered by Published Date Descending.
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ERISA Class-Action Litigation Over Fees In Health And Welfare Plans
Sponsors and fiduciaries of health and welfare plans should be aware of a recently filed class-action lawsuit against alleged fiduciaries of a health plan.
United States
14 Dec 2018
Ninth Circuit Rejects Qui Tam Relator's Original Source Claim
The Ninth Circuit panel unanimously held that the relator was not an original source under either definition.
United States
11 Aug 2016
U.S. Supreme Court Enforces Secured Creditor’s Right To Credit Bid
The Supreme Court of the United States issued a landmark decision protecting a secured creditor's right to credit bid when a debtor tries to sell its property free and clear of its liens.
United States
9 Jun 2012
JOBS Act Allows Small Companies Easier Access To Capital
On April 5, President Obama signed the Jump-Start Our Business Startups Act (JOBS Act) into law, which the U.S. House of Representatives and U.S. Senate had passed by wide margins on March 27 and March 24, respectively.
United States
4 May 2012
Newly Enacted Jobs Legislation Should Encourage Initial Public Offerings
On April 5, 2012, President Obama signed the Jumpstart Our Business Startups (JOBS) Act (the Act).
United States
13 Apr 2012
SEC Staff Limits Ability Of Foreign Issuers To Submit Draft Filings On Confidential Basis
The staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission announced it is limiting the ability of foreign issuers to submit draft initial registration statements and amendments for review by the staff on a confidential basis.
United States
19 Dec 2011
SEC Approves More Rigorous Listing Requirements Of The Major U.S. Stock Exchanges For Reverse Merger Companies
The Securities and Exchange Commission has approved amendments to the listing rules of The NASDAQ Stock Market LLC, New York Stock Exchange LLC and NYSE Amex LLC which impose new requirements on operating companies going public by completing reverse mergers with SEC-reporting shell companies, including reverse mergers with unlisted special purpose acquisition companies (SPACs).
United States
29 Nov 2011
SEC Adopts Final Definition Of "Family Offices" Exempt From Investment Advisers Act
On June 22, 2011, the Securities and Exchange Commission (SEC) adopted its final rule (the Family Office Rule) under the Investment Advisers Act of 1940 (the Advisers Act) defining the term "family office" for purposes of the Advisers Act exemption of family offices from the definition of an "investment adviser."
United States
22 Sep 2011
Worth Taking Notice: Whistleblower Rules Regarding Auditing Firms
The Dodd-Frank Act and the U.S. Securities and Exchange Commission’s (SEC’s) final whistleblower rules generally preclude employees of public accounting firms from receiving whistleblower awards for information about an engagement client.
United States
27 Jun 2011
SEC Enforcement Division To Focus On Hedge Funds That Outperform The Market
In response to the Madoff scandal, the Division of Enforcement for the U.S. Securities and Exchange Commission is focusing on hedge funds that outperform market indexes by 3% on a steady basis.
United States
31 Mar 2011
SEC Extends Comment Period On Proposed Resource Extraction Issuer Rules To March 2011
The U.S. Securities and Exchange Commission (SEC) has recently extended the deadline for comments regarding Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act until March 2, 2011.
United States
10 Feb 2011
SEC Adopts Final Rules On Say-On-Pay, Say-On-Frequency And Say-On-Parachutes
The SEC recently adopted final rules regarding shareholder advisory votes on executive compensation , the frequency of say-on-pay votes and golden parachute arrangements.
United States
1 Feb 2011
SEC Proposes "Conflict Minerals" Disclosure Rules to Implement Dodd-Frank Provisions
The U.S. Securities and Exchange Commission has proposed specific rules to implement the Dodd-Frank Act requirements for audits and reports by public companies to show whether certain minerals used in their manufactured goods originate in war-torn Congo or adjoining countries in Africa.
United States
18 Jan 2011
Non-Prosecution Agreement Suggests SEC May Take New Approach to Corporate Cooperators
The U.S. Securities and Exchange Commission’s decision to enter into a first-time non-prosecution agreement with a public company could portend a new trend toward rewarding cooperating companies with meaningful benefits.
United States
31 Dec 2010
SEC Announces Proposed Rules on Dodd-Frank Whistleblower Program
Rules recently proposed by the U.S. Securities and Exchange Commission define the scope and procedures of the whistleblower provisions under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
United States
15 Nov 2010
SEC Adopts Controversial Proxy Access Rules
After the enactment of the Dodd-Frank financial reform bill confirmed its authority to do so, the SEC moved quickly and has adopted proxy access rules—though the debate on this issue is far from over.
United States
2 Sep 2010
The SEC Gets Busy Early in Implementing Dodd-Frank Rulemaking Process
The U.S. Securities and Exchange Commission (SEC) will be affected more than any other federal agency or regulator by the Dodd-Frank Act.
United States
11 Aug 2010
The "Conflict Minerals" Provision in the Dodd-Frank Act Imposes New Disclosure Requirements on Manufacturers
Section 1502 of the Dodd-Frank Act amends Section 13 of the Securities Exchange Act of 1934 to impose a new reporting requirement on publicly traded companies that manufacture products for which "conflict minerals" are necessary to their functionality or production.
United States
26 Jul 2010
SEC Enforcement Given New Tools Under Dodd-Frank Bill
The full impact of the Dodd-Frank bill will not be known until the extensive rulemaking process is completed.
United States
23 Jul 2010
The Effects of the Dodd-Frank Financial Reform Law on Executive Compensation: What You Need to Know
Early planning for the 2011 proxy season will be needed to address the increased scrutiny of executive compensation that will result under the Dodd-Frank financial reform law.
United States
22 Jul 2010
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