Director of SEC whistleblower office encourages staff to find whistleblower retaliation cases

by Cydney Posner According to Law360, the director of the SEC’s whistleblower office, Sean McKessy, is exhorting the staff of that office to set a high priority on cases involving employer retaliation for whistleblower complaints. During an interview,  McKessy “said his office was actively looking for cases to bring against […]

Will the SEC intercede in the battle over fee-shifting bylaws?

“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 […]

NYSE to biotechs: welcome on board! NYSE loosens initial financial listing standards

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 […]

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, […]