Mark Plichta

Mark Plichta

Foley & Lardner LLP

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SEC Charges Insiders for Violations of Section 16(a) and Section 13

On September 10, 2014, the Securities and Exchange Commission announced charges against 28 officers, directors, and major shareholders for violating federal securities laws requiring them to report information about their...more

9/17/2014 - Board of Directors Corporate Officers Enforcement Actions Filing Requirements Insider Trading Publicly-Traded Companies SEC Securities Exchange Act Shareholders Strategic Enforcement Plan

Supreme Court of Delaware Finds Fee-Shifting Bylaws Permissible and the Potential Delaware Legislative Response

On May 8, 2014, the Supreme Court of Delaware held that fee-shifting provisions in a non-stock corporation’s bylaws can be valid and enforceable if not enacted for an improper purpose or improperly applied, under Delaware...more

6/10/2014 - ATP Tours Bylaws Corporate Counsel Corporate Governance Delaware General Corporation Law Fee-Shifting Statutes

D.C. Circuit Partially Strikes Down SEC Conflict Minerals Rules

On April 14, 2014, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in the challenge to the SEC’s conflict minerals disclosure rule filed by the National Association of Manufacturers (“NAM”) and...more

4/16/2014 - Administrative Procedure Act Conflict Mineral Rules Disclosure Requirements First Amendment National Association of Manufacturers SEC

SEC Wins Victory in Conflict Minerals Rules Litigation

The SEC’s conflict minerals rules have withstood judicial challenge — so far. On July 23, 2013, the U.S. District Court for the District of Columbia rejected the summary judgment motion of the plaintiffs challenging the...more

7/25/2013 - Conflict Mineral Rules Dodd-Frank First Amendment Free Speech Minerals Natural Resources Resource Extraction SEC

SEC's Netflix Report Confirms Ability to Use Social Media for Reg. FD Disclosures but Cites Risks

In connection with a Facebook post by Netflix CEO Reed Hastings, the SEC issued a report of investigation on April 2, 2013 (Netflix Report) indicating that Regulation FD permits a company to announce material information...more

4/8/2013 - Facebook Investors Netflix Public Disclosure Reed Hastings Regulation FD SEC Social Media

New NYSE Listing Standards Applicable to Compensation Committees and Advisers Now Final

On January 11, 2013, the SEC approved new listing standards regarding independence requirements for compensation committees and compensation advisers of New York Stock Exchange (NYSE) listed companies. The NYSE initially...more

2/18/2013 - Compensation Committee Cure Periods Exemptions Listing Standards NYSE SEC

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