Dodd-Frank Public Companies and Securities
Whistleblower claims begin
Banking, Employment, Litigation, Public Companies and Securities In a comment letter recently sent to the SEC, one firm describes how in a span of just 10 days it had already “filed several whistle-blower complaints with the SEC, pursuant to the new statute, involving major Wall Street firms, which filings appear to implicate hundreds of millions of dollars, if not more, of investor [...] Read more →
Attention Public Companies-You Have About 60 Days to Understand the Proxy Access Rules
Public Companies and Securities As many know, the SEC adopted the proxy access rules on August 25, 2010. The new rules will be effective 60 days from publication in the Federal Register, excepting smaller... Read more →
Comments on SEC Study Regarding Obligations of Brokers, Dealers, and Investment Advisers
Public Companies and Securities In a recent posting we highlighted issues surrounding the imposition of a fiduciary standard on broker-dealers. Gauging from the overwhelming majority of comments received to... Read more →
The SEC’s Difficult Task in Defining a “Venture Capital Fund”
Public Companies and Securities Section 407 of the Dodd-Frank Act provides an exemption from registration as an investment adviser if the investment adviser provides advice solely to one or more venture capital... Read more →
Notice Requirements for Broker-Dealers
Public Companies and Securities With respect to the borrowing of securities from customers, Section 929X of the Dodd-Frank Act imposes the following two additional requirements on broker-dealers: (i) every... Read more →
CFTC and SEC Roundtable Contentious
Banking, Energy, Insurance, Public Companies and Securities As we noted, the SEC and CFTC held a joint roundtable on August 20, 2010 addressing governance and conflicts of interest on clearing and listing of swap transactions. Gary... Read more →
Fiduciary Duty Rulemaking Looms for Brokerage Industry
Banking, Litigation, Public Companies and Securities An article in yesterday’s Wall Street Journal provides a good, short overview of the issues and differing viewpoints surrounding the SEC’s upcoming broker-dealer... Read more →
“Bad Actor” Disqualification May Cause Headaches
Public Companies and Securities Section 926 of the Dodd-Frank Act directs the SEC to issue rules which would prevent the use of Regulation D Rule 506 offerings by certain “bad actors.” The Dodd-Frank Act... Read more →
Here Comes Proxy Access
Banking, Insurance, Public Companies and Securities The SEC has announced that it will “consider” the adoption of proxy access rules on August 25, 2010. It is probably a safe bet that when they are done “considering” the... Read more →
Preparing for Say-on-Pay
Public Companies and Securities The Dodd-Frank Wall Street Reform and Consumer Protection Act will require listed public companies to hold periodic say-on-pay shareholder votes. Say-on-pay votes are... Read more →