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Thomas Fox - Compliance Evangelist

Daily Compliance News: September 24, 2024 – The Revised ECCP Released Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All...more

Freiberger Haber LLP

Questions of Fact Exist as to Plaintiff’s Standing to Commence Action Where Form of Company Changed From Corporation to LLC

Freiberger Haber LLP on

This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must...more

Thomas Fox - Compliance Evangelist

Shout Outs and Rants – Episode 141

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we take up a potpourri of topics. We have the quartet of Matt Kelly Jonathan Armstrong, Jonathan Marks, and...more

Katten Muchin Rosenman LLP

SEC Revises Tick Size, Access Fees and Round-Lot Definition and Takes Steps to Disseminate Odd-Lot and Other Better Priced Orders

On September 18, the Securities and Exchange Commission (SEC or the Commission) adopted amendments to Rule 612 (Tick Sizes) and Rule 610 (Access Fees) under Regulation NMS under the Securities Exchange Act of 1934, as amended...more

Wilson Sonsini Goodrich & Rosati

“You Promised What?!” Warranties and Disclosure in the UK and the U.S.

Determining “certainty of asset” is a key element of any investment. When an investor takes a minority position as it does in a typical venture or growth capital investment, the approach to ascertaining certainty differs...more

Allen Matkins

The One Where Everyone Got The Statute Wrong

Allen Matkins on

In yesterday's post, I discussed the Court of Appeal's unpublished opinion in Milks v. Affirmed Techs., LLC,  2024 WL 1502944 (Cal. Ct. App. Apr. 5, 2024), reh'g denied (Apr. 30, 2024).  That case involved claims against a...more

Thomas Fox - Compliance Evangelist

All Things Investigations: Anchored in Fraud: Mike DeBernardis and Shayda Vance on Austal USA’s Scandal

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by guests Mike DeBernardis and Shayda Vance to discuss the...more

Farrell Fritz, P.C.

Recent Appellate Rulings Address Novel Issues in General Partnership Disputes

Farrell Fritz, P.C. on

The era of the old-fashioned general partnership long ago petered out, largely displaced by subchapter S corporations and, in the last few decades, limited liability companies, both of which allow pass-through taxation...more

Cadwalader, Wickersham & Taft LLP

SEC Approves Nasdaq Corporate Governance Rule Amendments to Cure Periods and Phase-In Schedules

On August 26, 2024, the U.S. Securities and Exchange Commission (SEC) issued an order approving  proposed amendments by The Nasdaq Stock Market LLC (Nasdaq) to clarify and modify the phase-in schedules for certain corporate...more

Cadwalader, Wickersham & Taft LLP

Second Circuit Affirms Dismissal of Securities Fraud Class Action Alleging Undisclosed Projections

In Maso Cap. Invs. Ltd. v. E-House (China) Holdings Ltd., No. 22-355 (2d Cir. June 10, 2024), the United States Court of Appeals for the Second Circuit affirmed the district court’s dismissal of a putative securities-fraud...more

Mayer Brown Free Writings + Perspectives

SEC Compliance Outreach for Investment Adviser and Investment Company Senior Officers

The Securities and Exchange Commission recently announced that it will host a compliance outreach program on November 7, 2024 (see the program’s agenda) on Advisers Act and Investment Company Act related topics.  The agenda...more

CDF Labor Law LLP

U.S. Access Board’s Proposed Rules for Accessible EV Charging Station Design

CDF Labor Law LLP on

With increasing numbers of electric vehicles on the road, the U.S. Architectural and Transportation Barriers Compliance Board (“Board”) proposed new accessibility guidelines for buildings and facilities covered by the...more

Barnea Jaffa Lande & Co.

Important updates on the Israeli money market reform

The Israel Securities Authority has published several additional revisions to the Israeli money market reform since the Knesset approved legislative amendments designed to promote competition in the money market, and since...more

Akin Gump Strauss Hauer & Feld LLP

The EU Corporate Sustainability Reporting Directive – Draft FAQs and the European Sustainability Reporting Standards

The European Union (EU) Commission has published a draft set of frequently asked questions (FAQs) on the interpretation of certain provisions of the EU Corporate Sustainability Reporting Directive (CSRD) and the first set of...more

Lighthouse

Outside Counsel’s Guide to Mastering ESI Protocols in the Age of Modern Data

Lighthouse on

Summary: Navigating eDiscovery in the era of modern data presents new complexities that can make or break a case. We explore five critical considerations outside counsel must address, including the implications of generative...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more

Goodwin

August 2024 German Court Ruling Reshapes Tax Strategy for Luxembourg Funds

Goodwin on

On August 22, 2024, Germany’s Federal Fiscal Court (Bundesfinanzhof) published a decision that refocuses attention on the complexities of cross-border taxation, particularly for Luxembourg-based funds investing in Germany....more

Fenwick & West LLP

CEO Ousters Hit Record Numbers

Fenwick & West LLP on

According to research firm Exechange, 74 chief executive officers have been fired or forced out this year, which is the highest number since 2017....more

Arnall Golden Gregory LLP

AGG Talks: Women in Tech Law Podcast - Episode 4: Preparing for a Transaction? What Emerging Growth Companies Need to Know

In this episode, AGG Corporate partner and member of the firm’s Women in Tech Law, Paula Nagarajan, is joined by Jenea Bradley, an audit partner at Deloitte, to discuss the critical aspects of preparing for a transaction,...more

Proskauer - Tax Talks

California FTB Releases Updated Proposed Regulations on Market-Based Sourcing Rules – Implications for Asset Managers

Proskauer - Tax Talks on

On September 13, 2024, California’s Franchise Tax Board (“FTB”) released updated proposed regulations (“Draft Regulations”), which would amend the rules regarding market-based sourcing for sales other than sales of tangible...more

Bradley Arant Boult Cummings LLP

Unfair and Deceptive Cookie Banners: The Next Wave of Privacy Litigation?

Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as,...more

Hogan Lovells

It’s the final countdown... for self-disclosure under DOJ’s amended Corporate Enforcement Policy

Hogan Lovells on

The recent amendment to the Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) of the Department of Justice’s (DOJ’s) Criminal Division expects companies to self-disclose allegations of misconduct within 120...more

Fox Rothschild LLP

What Co-op and Condo Boards Need to Know About the Corporate Transparency Act

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As the year-end deadline for compliance with the Corporate Transparency Act approaches, boards of cooperatives, condominiums and Homeowners Associations should be aware of the requirements that may affect them. The CTA...more

Seward & Kissel LLP

Withdrawal Symptoms, Tupperware Party, and Gating Question

Seward & Kissel LLP on

Bankruptcy court clarifies Yellow Corp. owes pensions | WSJ - A Del. bankruptcy court stated Yellow Corp. is liable for some portion of the $6.5 billion in withdrawal liability claims, but the exact amount to be paid is...more

Eversheds Sutherland (US) LLP

Be careful what you wish for: IRS and Treasury release goliath CAMT NPRM full of nuance and complexity

On September 12, 2024, the Internal Revenue Service and Department of the Treasury (collectively, the Government) issued long-awaited proposed regulations (the NPRM), providing guidance regarding application of the corporate...more

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