Topic: securities law

JD Supra Corporate Brief: IRS Guidance, Shareholder Requests, Recess Appointments, Bank Secrecy

The bad news: It’s Monday. The good news: The JD Supra Corporate Brief is here. The legal news: below… The Supreme Court likes arbitration. A lot (Pepper Hamilton) This overview of new IRS guidance on “minimum value, affordability, and wellness programs” under Obamacare is a must-read for all employers (Mintz Levin) How to respond to… Read more »

JD Supra Corporate Brief: Bumpy Road Ahead, Corporate Social Media, International Dismissal Toolkit, US Trade Secrets

Keeping up with the Joneses is a whole lot easier when you read the JD Supra Corporate Brief every morning: There is no way to keep your company from being hacked. So you need to be prepared… (LXBN) Fasten your seat belts: the road ahead for global economic growth will be bumpy… (Bennett Jones) Corporate… Read more »

SEC Fraud Charges Against Harrisburg, Pa, Send Warning to All Municipalities

“What we’ve got here is failure to communicate” (The Captain, Cool Hand Luke) Earlier this month, the Securities and Exchange Commission charged Harrisburg, Pennsylvania, with securities fraud for public statements made by municipal officials. Attorneys Robert Feyer and Todd Scott of Orrick explain: “… the SEC found that the City had violated the securities laws… Read more »

JD Supra Corporate Brief: Congressional Requests, Independent Directors, Conflict Minerals, Class Actions

In-house lawyers, this brief’s for you… Our latest feature: the JD Supra Corporate Brief – a daily wrap-up of timely law news, compiled with in-house counsel in mind. Read it here on the Corporate Law Report every morning, or get it delivered directly to your email. As always, we’d love to hear what you think.… Read more »

Doing Business in China: Latest Need-to-Know from JD Supra

For your convenience, here’s a roundup of recent legal commentary and analysis on a broad range of issues facing companies doing business in and with China, on data privacy and protection, merger control regulations, employment law, intellectual property, corruption, and more: Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal… Read more »

SEC Permits Corporate Communications Via Twitter, Facebook, Other Social Media

“The SEC’s release confirms that companies are permitted to announce material news through social media, provided investors know when and where to expect it.” (Orrick) The Securities and Exchange Commission has decided to let corporate communications move into the 21st Century.  Backing off from an earlier position that Netflix CEO Reed Hastings violated Regulation FD… Read more »

[Video] Corporate Law Report – On SEC News

Welcome to the latest edition of the Corporate Law Report. You know what to do: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Gabelli v. SEC: Supreme Court in Gabelli: Clock Starts Ticking When Fraud Occurs, Not When It’s Discovered –… Read more »

The SEC Speaks. Are You Listening?

“SEC Chairman Elisse Walter … remarked that the SEC should work to give investors access to information and protect them from unnecessary risks such as fraud, market manipulation, insider trading and market structure failures, but should not discourage all risk-taking, in order to allow for continued growth in public offerings.” (Katten Muchin Rosenman) In late… Read more »

Supreme Court Confirms Five-Year Statute of Limitations for SEC Penalties

“… the only federal crimes that have no statute of limitations are capital offenses that warrant the death penalty and certain terrorism, child abduction, and sex offenses. If the SEC were allowed an indefinite period of time in which to bring enforcement actions, the fraud alleged in those cases would be on par with the… Read more »

Recent Lawsuits Outline Rules for Prosecuting Foreign Nationals Under the FCPA

“The [Straub] decision … highlights the very broad reach sought by US authorities for the FCPA, and the risk that foreign national executives may find themselves facing FCPA enforcement actions in the United States based on minimal contacts with the United States, including their use of electronic communications services based in or routed through the… Read more »

Doing Business in China: Need-to-Know from JD Supra

From online privacy, to revised labor laws, to health care considerations, and more … here’s a roundup of recent legal advisories covering a broad range of issues on doing business in the People’s Republic of China. For your reference: Privacy in China: New Rule to Protect Personal Information (Dechert LLP): “The Standing Committee of the… Read more »

FTC Proposes New Rules on Withdrawal of Hart-Scott-Rodino Merger Notifications

On February 1, 2013, the Federal Trade Commission published a proposed rule that would formalize procedures for the withdrawal of merger notifications under the Hart-Scott-Rodino Act. The changes are intended to both codify existing practices, and free up agency resources that would otherwise be spent investigating transactions that are no longer being pursued. But not… Read more »

Sanctions Update: Public Companies Must Disclose Iran-Related Activities In SEC Reports

One of the key provisions in the Iran Threat Reduction and Syria Human Rights Act of 2012 is a new SEC reporting requirement regarding certain Iran-related activities. From law firm Loeb & Loeb: “Beginning February 6, 2013, public companies must disclose in annual or quarterly reports to the Securities and Exchange Commission whether the companies… Read more »

[Video] Corporate Law Report: News to Use… Now

Welcome to our latest Corporate Law Report. You know the drill: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Managing Cyber Risk Top Ten Ways To Manage Cyber Risk – Sherman & Howard L.L.C. 2. BYOD, But Leave the Risks Behind… Read more »