Eric Orsic

Eric Orsic

McDermott Will & Emery

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Capital Markets & Public Companies Quarterly: Potential Shift in SEC’s Proxy Access No-Action Policy and Other New Guidance from...

The third quarter of 2016 saw the US Securities and Exchange Commission (SEC) carry forward its momentum from an active second quarter. Recent developments include new SEC Compliance & Disclosure Interpretations (C&DI) and...more

10/13/2016 - 401k C&DIs Capital Markets Filing Requirements FinTech Hyperlink Innovation No-Action Relief Proposed Rules Proxy Access Regulation S-K SEC SEC Comment Letter Process Securities Act of 1933 Tandy Letter

Capital Markets & Public Companies Quarterly: Catching up on the SEC's Active Second Quarter

In Depth - New SEC C&DIs Regarding Non-GAAP Financial Measures - On May 17, 2016, the SEC issued several new Compliance & Disclosure Interpretations (C&DIs) and modified existing C&DIs to provide additional...more

7/13/2016 - C&DIs Fixing America’s Surface Transportation Act (FAST Act) Form 10-K GAAP JOBS Act Non-GAAP Financial Measures Regulation S-K SEC Securities Act of 1933 Smaller Reporting Companies XBRL Filing Requirements

SEC Proposes New Rules That Would Make Available Scaled Disclosure to More Companies

In Depth - On June 27, 2016, the Securities and Exchange Commission (SEC) proposed amendments to its rules and regulations that would expand the number of companies that qualify as “smaller reporting companies” by...more

7/9/2016 - Compliance Disclosure Requirements Emerging Growth Companies Proposed Amendments Publicly-Traded Companies SEC Smaller Reporting Companies Stock Float Threshold Requirements

SEC Reins in Use of Non-GAAP Financial Measures with New Guidance

In Depth - On May 17, 2016, the Securities and Exchange Commission issued six new Compliance & Disclosure Interpretations (C&DIs) and modified other existing C&DIs to provide additional guidance on the use of non-GAAP...more

5/24/2016 - C&DIs EBITDA GAAP Non-GAAP Financial Measures Regulation S-K SEC

Regulation Crowdfunding Takes Effect

In Depth - On May 16, 2016, the final rules adopted by the Securities and Exchange Commission (SEC) with respect to Title III of the Jumpstart Our Business Startups Act (JOBS Act) took effect (except for certain forms...more

5/17/2016 - Crowdfunding Disclosure Requirements Funding Portal JOBS Act Preemption SEC Startups

McDermott’s Public Company & Capital Markets Quarterly: New Rules Impacting Disclosure, Governance and Capital Raising Efforts

During the first quarter of 2016, the Securities and Exchange Commission (SEC) and U.S. stock exchanges issued proposed and final rules that will likely impact disclosure and capital raising efforts. This report provides a...more

4/14/2016 - Capital Raising Crowdfunding Nasdaq NYSE SEC Stock Exchange Takeovers

2016 Proxy Season Checklist – What You Need to Know

As we roll into a new year and a new public company reporting season, public companies should be aware of a number of rule changes and rulemakings, Securities and Exchange Commission (SEC) staff guidance, disclosure trends...more

2/1/2016 - Corporate Governance Cybersecurity Disclosure Requirements Dodd-Frank Executive Compensation Iran Threat Reduction and Syria Human Rights Act Proxy Access Proxy Season SEC Shareholder Proposals Young Lawyers

ISS Defines Acceptable Parameters for Proxy Access Provisions

Summary of Key ISS and Glass Lewis 2016 Proxy Season Policy Updates - Institutional Shareholder Services Inc. (ISS) recently issued, in the form of Frequently Asked Questions, a further update to its 2016 proxy voting...more

1/7/2016 - Board of Directors Conflicting Proposals Director Nominations Glass Lewis ISS Proxy Access Rule Proxy Voting Guidelines Shareholder Meetings Shareholder Proposals

Don’t Be Caught Dead Handed: Avoiding Legal Challenges to Dead Hand Proxy Puts in Loan Agreements

A number of public companies have become the target of shareholder books and records inspection demands and litigation related to certain “change of control” provisions in their loan agreements. The type of provisions at...more

8/13/2015 - Board of Directors Books & Records Change in Control Creditors Form 8-K Loan Agreements Proxy Put Publicly-Traded Companies SEC

SEC Approves Changes to Private Offering Rules and Adopts New “Bad Actor” Prohibitions; Proposes Additional Changes to Better...

On July 10, 2013, the U.S. Securities and Exchange Commission (SEC) approved changes to Rule 506 of Regulation D under the Securities Act of 1933 to implement the elimination, mandated by the Jumpstart Our Business Startups...more

7/23/2013 - Advertising Bad Actors JOBS Act Marketing Private Placements Regulation D Rule 144A Rule 506 Offerings SEC Securities Act of 1933

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