Alice Hsu

Alice Hsu

Akin Gump Strauss Hauer & Feld LLP

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SEC Staff Clarifies Guidance on Exclusion of Conflicting Shareholder Proposals and the Ordinary Business Operations Basis for...

On October 22, 2015, the Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (SEC) issued clarifying guidance upending previous interpretations regarding the exclusion of conflicting...more

11/10/2015 - Conflicting Proposals Ordinary Business Exception Rule 14a-8(i)(9) SEC Shareholder Proposals Trinity Wall Street Wal-Mart

SEC Solicits Input on Revising Disclosure Rules Regarding Audit Committees

In a Securities and Exchange Commission (SEC) concept release issued earlier this month, the SEC requested the public’s input on more than 70 questions surrounding the sufficiency of current disclosure requirements on audit...more

7/24/2015 - Audit Committee Comment Period Disclosure Requirements Emerging Growth Companies Regulation S-K Sarbanes-Oxley SEC

SEC Advised to “Do No Harm” to Accredited Investor Definition

At its meeting on March 4, the SEC’s Advisory Committee on Small and Emerging Companies approved its rather limited recommendations to update the definition of “accredited investor” as it applies to natural persons as found...more

3/10/2015 - Accredited Investors Emerging Growth Companies IPO Public Offerings Regulation D Rule 506 Offerings SEC Securities Act of 1933 Small Business

SEC Investor Alert: How to Be a Smart Investor Online

Earlier last week, the SEC’s Office of Investor Education and Advocacy issued an Investor Alert reminding investors seeking information and advice online to be wary of fraudulent investment schemes involving social media. In...more

11/24/2014 - Investors Risk Alert SEC Securities Fraud Social Media Social Networks

Exempt Intrastate Offers: Advertising and Soliciting on Websites and Social Media

The SEC elaborates on how to utilize online general advertising and solicitation while complying with the requirements of the Rule 147 Exemption for Intrastate Offerings A recent Securities and Exchange Commission...more

11/3/2014 - Advertising Compliance Internet SEC Social Media Websites

One Step Closer to a Revised “Accredited Investor” Definition

At its meeting on October 9, the Securities and Exchange Commission (SEC) Investor Advisory Committee recommended (by voice vote, with one dissent) that the SEC adopt significant updates to the definition of “accredited...more

10/16/2014 - Accredited Investors Compliance Investors SEC

SEC Provides New C&DIs on Verifying Accredited Investor Status

In early July, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued several new interpretations (at 255.48-49 and 260.35-38) (C&DI) relating to the verification of “accredited investor” status...more

7/10/2014 - Accredited Investors Compliance Investors Rule 506(c) Safe Harbors SEC

SEC to Revise “Accredited Investor” Definition — for Better or Worse?

In connection with the duties imposed on it by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC is set to come out with further revisions to the definition of “accredited investor” in July 2014. Under...more

7/1/2014 - Accredited Investors Dodd-Frank Investment Company Act of 1940 Private Placements Rule 506 Offerings SEC

Additional SEC Guidance on Social Media: Division of Investment Management Q&As and Division of Corporation Finance C&DIs

The Division of Investment Management of the Securities and Exchange Commission (“SEC”) recently released IM Guidance Update No. 2014-4 to clarify the practical application of the testimonial rule for third-party commentary...more

4/24/2014 - Electronic Communications Investment Adviser SEC Social Media Third-Party Risk

Target, University of Maryland Testify on Data Breaches; Congress, FTC and SEC Continue Inquiries

On Wednesday, March 26, 2014, the Senate Committee on Commerce, Science and Transportation held a hearing entitled “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches” and heard testimony from...more

3/27/2014 - Cybersecurity Data Breach Data Protection FTC Investigations SEC Target

House Energy & Commerce Subcommittee Holds Hearing on Data Security

On February 5, the House Energy & Commerce Subcommittee on Commerce, Manufacturing and Trade held a hearing titled “Protecting Consumer Information: Can Data Breaches Be Prevented?” The hearing follows two consecutive Senate...more

2/7/2014 - Cyber Attacks Cybersecurity Data Breach Data Protection DHS FTC Neiman Marcus Target

Senate Committees Hold Data Security Hearings

On Monday, February 3, and Tuesday, February 4, the Senate Banking and Senate Judiciary Committees (respectively) held hearings on the topic of data security and breach notification. Witnesses at both hearings included...more

2/5/2014 - Cybersecurity Data Breach Data Protection FTC Neiman Marcus Target

House and Senate Committees to Hold Data Breach Hearings in February

In the wake of recent data breaches at major retailers Target and Neiman Marcus, Senate Judiciary Chairman Patrick Leahy (D-VT) has renewed his efforts to enact stronger data security requirements for companies that collect...more

1/17/2014 - Breach Notification Rule Cybersecurity Data Breach Data Protection Neiman Marcus Personally Identifiable Information Target

Are You Another Target for Hackers? 2014 Cybersecurity Risk Disclosure Reminder

As calendar-year public companies approach annual reporting season, issuers should consider whether or not their current risk factor disclosures, as well as their “forward looking statements” language, are adequate in light...more

1/14/2014 - Cyber Attacks Cybersecurity Data Breach Data Protection SEC

Texas Gulf Selfie? The Changing (and Disappearing) Face of Insider Trading

In recent weeks, U.S Department of Justice investigations into currency traders have drawn renewed attention to the permanence of even seemingly fleeting communications. In that investigation, the DOJ is looking at, among...more

12/5/2013 - DOJ Insider Trading Investigations

SEC Issues Proposed Rules on Crowdfunding Capital Markets

Yesterday, the SEC proposed rules to permit companies to offer and sell securities through crowdfunding, as required by the Jumpstart Our Business Startups Act of 2012. Crowdfunding, which has become popular in recent years...more

10/25/2013 - Crowdfunding Dodd-Frank EDGAR General Solicitation JOBS Act Rule 506 Offerings SEC Startups

Adopting a Social Media Policy: Best Practices

Social media platforms, including Facebook, Twitter, YouTube and LinkedIn, allow companies to communicate with their investors, costumers and the general public, and provide a 24/7 outlet for corporate disclosure. As social...more

10/21/2013 - Marketing Regulation FD Social Media Policy

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