Stephen M. Quinlivan

Stephen M. Quinlivan

Stinson Leonard Street

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Judge Orders Status Report in Conflict Minerals Case

The conflict minerals case was remanded to the United Stated District Court for the District of Columbia for further proceedings. Judge Jackson has ordered the parties to file a joint status report, on or before March 10,...more

2/16/2017 - Conflict Mineral Rules Disclosure Requirements Dodd-Frank First Amendment Manufacturers SEC

OCIE Issues Alert on the Five Most Frequent Compliance Topics Identified in Examinations of Investment Advisers

The SEC’s Office of Compliance Inspections and Examinations, or OCIE, has published a list of the five compliance topics most frequently identified in deficiency letters that are sent to SEC-registered investment advisers....more

2/9/2017 - Books & Records Custody Rule Industry Examinations Investment Adviser Investment Advisers Act of 1940 OCIE SEC Strict Compliance

Trump’s 2 for 1 Regulatory Reduction Challenged in Court

President Donald Trump’s Executive Order requiring two regulations be repealed for every new one adopted and related OMB guidance have been challenged in a law suit commenced in the U.S. District Court for the District of...more

2/9/2017 - Administrative Procedure Act Executive Orders New Regulations NRDC OMB Public Citizen Regulatory Agencies Regulatory Oversight Regulatory Reform Repeal Trump Administration Two For One Rule

SEC to Reconsider Implementation of Pay Ratio Rule

Following on the heels of its announcement to reconsider implementation of the conflict minerals rule, SEC Acting Chairman Michael S. Piwowar has announced his intention to conduct a review of the Dodd-Frank pay ratio rule....more

2/7/2017 - Disclosure Requirements Dodd-Frank Executive Compensation Pay Ratio SEC

OMB Provides Guidance on Trump’s 2 for 1 Regulatory Cuts

OMB’s Office of Information and Regulatory Affairs has provided interim guidance on the requirements in Section 2, “Regulatory Cap for Fiscal Year 2017,” of the Executive Order of January 30, 2017, titled “Reducing Regulation...more

2/6/2017 - Executive Orders OMB Regulatory Agencies Regulatory Agenda Regulatory Oversight Regulatory Requirements Trump Administration

Trump Requires DOL to Reevaluate the Fiduciary Rule

Under current law, stockbrokers are only required to recommend suitable investments to their clients. The Department of Labor has issued a so called “fiduciary rule” which requires brokers, advisors and insurance agents, when...more

2/6/2017 - Best Interest Standard DOL Employee Benefits ERISA Fiduciary Duty Fiduciary Rule Financial Adviser Financial Sector Investment Adviser Popular Regulatory Oversight Retirement Retirement Plan Trump Administration

Executive Order on Dodd-Frank Rollback

President Trump has signed an executive order titled “Presidential Executive Order on Core Principles for Regulating the United States Financial System.“ The “Core Principles” are...more

2/6/2017 - Bailout Dodd-Frank Economic Development Executive Orders Financial Markets Financial Sector Regulatory Oversight Trump Administration Wall Street

SEC Resource Extraction Rule to be Eliminated Under Congressional Review Act

As we previously noted, the House was set to vote on the disapproval of the SEC Resource Extraction Rule under the Congressional Review Act. The joint resolution passed the House by a vote of 235 in favor and 187 against. ...more

2/3/2017 - Administrative Procedure Act Disclosure Requirements Dodd-Frank Minerals Natural Resources Oil & Gas Resource Extraction SEC

First Form AP Filed with the PCAOB

Grant Thornton LLP became the first registered public accounting firm to file a Form AP with the PCAOB. Form AP currently requires identification of the engagement audit partner associated with certain SEC filings and the...more

2/3/2017 - Accounting Accounting Controls Auditors Audits Filing Requirements Financial Sector PCAOB Required Forms SEC

SEC Reconsidering Conflict Minerals Implementation

SEC Acting Chairman Michael S. Piwowar issued a “Statement on the Commission’s Conflict Minerals Rule” and another statement titled “Reconsideration of Conflict Minerals Rule Implementation.” Chairman Piwowar reviewed...more

2/1/2017 - Comment Period Conflict Mineral Rules Democratic Republic of Congo Disclosure Requirements Dodd-Frank First Amendment Mining National Security SEC

SEC Simplifies Filing of Broker-Dealer Annual Reports on EDGAR

The SEC has previously provided guidance on the filing of annual and supplemental reports required under Rule 17a-5 or Rule 17a-12 by broker-dealers or over-the-counter derivatives dealers on the SEC EDGAR system. However,...more

1/31/2017 - Annual Reports Broker-Dealer Derivatives EDGAR Filing Requirements Financial Markets Financial Sector FINRA No-Action Letters Reporting Requirements SEC

House Seeking to Disapprove the Resource Extraction Rule

On Wednesday, February 1, 2017, the House of Representatives is scheduled to consider a joint resolution of disapproval of the SEC’s resource extraction rule. This resolution is provided for under the Congressional Review Act...more

1/31/2017 - Capital Markets Congressional Review Act Dodd-Frank Mineral Extraction Minerals Resource Extraction SEC U.S. House

Two Regulations to be Eliminated for Every New One: Trump’s Executive Order

Fulfilling a campaign promise set forth in President Trump’s Contract with the American Voter, President Trump has signed an executive order to implement a requirement that for every new federal regulation, two existing...more

1/30/2017 - Executive Orders Regulatory Oversight Trump Administration

Details of Trump’s Regulatory Freeze

Reince Priebus, President Trump’s Chief of Staff, issued a memo ordering an immediate regulatory freeze. The memo was addressed to heads of executive departments and agencies. According to the memo...more

1/23/2017 - Federal Register Regulatory Agencies Regulatory Agenda Regulatory Oversight Trump Administration

SEC Brings Enforcement Action for Disclosure Failures During Merger Talks

The SEC announced that Allergan Inc. had agreed to admit securities law violations and pay a $15 million penalty for disclosure failures in the wake of a hostile takeover bid. The SEC’s order finds that Allergan failed...more

1/23/2017 - Allergan Inc Corporate Counsel Disclosure Requirements Hostile Takeover Mergers Negotiations Penalties Pharmaceutical Industry Popular SEC Securities Violations Valeant

Pay-to-Play Enforcement Sweep Snares Private Equity and Venture Capital

On January 17, 2017, the SEC announced nine settled enforcement actions for violations of the pay-to-pay rule against private equity, venture capital and hedge fund sponsors. The firms involved agreed to pay monetary...more

1/23/2017 - De Minimis Claims Enforcement Actions Government Officials Hedge Funds Investment Adviser Pay-To-Play Political Candidates Political Contributions Private Equity Rule 206(4)-5 SEC Venture Capital

Corzine Settles CFTC’s MF Global Charges for $5 Million

The U.S. Commodity Futures Trading Commission has obtained a federal court Consent Order against Defendant Jon S. Corzine, former CEO of MF Global Inc., requiring him to pay a $5 million civil monetary penalty for his role in...more

1/5/2017 - CFTC Civil Monetary Penalty Consent Order Customer Funds Protection Futures MF Global Segregated Funds

SEC Publishes Regulation A+ Statistics

The SEC has published a white paper describing the types of Regulation A+ offerings to date. Facts published include: As of October 31, 2016, prospective issuers have publicly filed offering statements for 147 Regulation...more

1/3/2017 - Financial Sector Public Offerings Regulation A SEC

10th Circuit Finds SEC Administrative Proceedings are Unconstitutional

The Appointments Clause of the US Constitution requires that “inferior officers” be appointed by the President, department heads or courts of law. SEC administrative law judges, or ALJs, are not appointed by the SEC – they...more

12/29/2016 - ALJ Appointments Clause Constitutional Challenges SEC

Delaware Court Addresses Fee-Shifting Bylaw

In 2015, Section 115 was added to the Delaware General Corporation Law, or DGCL providing that Delaware corporations may adopt bylaws requiring that internal corporate claims be filed exclusively in Delaware. Section 109(b)...more

12/29/2016 - Attorney's Fees Bylaws Corporate Governance Delaware General Corporation Law Fee-Shifting Shareholders

ISS Provides Updated Compensation Plan and Executive Compensation FAQs

ISS has updated its equity compensation plan FAQs. New and materially updated questions include: - If a company grants performance-based awards, how will the shares be counted for the purposes of calculating burn...more

12/20/2016 - Equity Compensation Equity Plans Executive Compensation ISS Pay-for-Performance Say-on-Pay

SEC Finds Pre-IPO Transactions Were Unlawful Security-Based Swaps

The SEC announced that Equidate Inc. agreed to settle charges that it violated federal securities laws by failing to register security-based swaps that were offered and sold online to shareholders in pre-IPO companies....more

12/7/2016 - Commodities Exchange Act Dodd-Frank Financial Markets Financial Sector Registration Requirement Registration Statement SEC Securities Violations Security-Based Swaps Swaps

The Domestic Corrupt Practices Act Arrives According to the SEC

The Securities and Exchange Commission announced that the parent company of United Airlines has agreed to pay $2.4 million to settle charges for providing a public official with more convenient flight options. The parent...more

12/5/2016 - Airlines Airports Books & Records Bribery Corruption Criminal Prosecution Non-Prosecution Agreements Port Authority Public Officials SEC United Airlines White Collar Crimes

CFPB Outlines Expectations on Incentive Compensation

The CFPB issued a bulletin warning supervised financial companies that creating incentives for employees and service providers to meet sales and other business goals can lead to consumer harm if not properly managed....more

12/1/2016 - Banking Sector Bonuses CFPB Financial Institutions Incentive Compensation

636 Results
|
View per page
Page: of 26

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×