“The first trickle through a leak in the dam” that eventually causes the dam to collapse is how Professor John Coffee characterized the adoption of fee-shifting bylaw or charter provisions by 24 companies since May of this year. The “dam” here is the practice of private enforcement, as a supplement […]
by Cydney Posner On September 19, 2014, the NYSE filed with the SEC proposed amendments to Section 102.01C of the NYSE Listed Company Manual to adopt a new initial financial listing standard for operating companies based on market cap and to eliminate all of the current initial listing financial standards […]
Corp Fin Director provides some insights into the direction of the SEC “Disclosure Effectiveness Initiative”
by Cydney Posner A few days ago, Corp Fin director, Keith Higgins, gave a speech, “Shaping Company Disclosure for the 21st Century” before the George A. Leet Business Law Symposium at Case Western Reserve University School of Law, in which he discussed some of the SEC’s considerations in its “Disclosure […]
SEC staff issues CDI regarding use of the internet in connection with intrastate offerings — how feasible is it?
by Cydney Posner The SEC staff has posted another new CDI regarding internet communications, this one advising how issuers may conduct intrastate offerings under Rule 147 and still use the internet to communicate offers. The question is whether an issuer can use its website or social media to offer securities […]
by Cydney Posner The saga of the PCAOB and its proposals to require identification of the audit engagement partner continues. Compliance Week reports, based on a newly published PCAOB standard-setting agenda, that the PCAOB is now considering issuance of a supplemental request for comment in connection with yet another proposed compromise […]
by Cydney Posner As reported by Bloomberg, director of Corp Fin Keith Higgins, speaking at the ABA meeting of the Business Law section in Chicago, provided Corp Fin’s tally of no-action requests and responses in connection with shareholder proposals for the 2014 proxy season. According to the article, Corp Fin received […]