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 […]

Has the PCAOB finally reached a compromise on naming audit engagement partners?

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 […]

Will the new Coca-Cola equity plan guidelines become the “classic” model or just “new Coke”?

by Cydney Posner Coca-Cola’s decision to scale back the use of its equity compensation plan and adopt “equity stewardship guidelines” has certainly received a lot of press – for an equity plan, that is. (See for example, these pieces, in the WSJ, here and here, thecorporatecounsel.net blog, Reuters , Bloomberg, […]

Corp Fin tallies shareholder proposal no-action requests and responses

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 […]

A peek into Corp Fin’s assessment of the first year of conflict minerals filings

by Cydney Posner As those who worked on conflict minerals this past year can attest, the SEC was not exactly lavish in providing guidance on the application of its rules. As reported by Bloomberg, director of Corp Fin, Keith Higgins, speaking at the ABA meeting of the Business Law section […]

Are stock buybacks hurting the economy?

by Cydney Posner According to “Companies’ Stock Buybacks Help Buoy the Market,” by Dan Strumpf, published in the WSJ on September 15, 2014, “[c]ompanies are buying their own shares at the briskest clip since the financial crisis, helping fuel a stock rally amid a broad trading slowdown. Corporations bought back […]

New House bills seek to relax some SEC requirements and help reverse the growth in income inequality

by Cydney Posner Hat tip to thecorporatecounsel.net blog for identifying these two new House bills. H.R. 5405, Promoting Job Creation and Reducing Small Business Burdens Act, is intended to relax some additional requirements for Emerging Growth Companies (EGCs), and has been passed by the House. It has some good stuff In […]