Corporate & Financial Weekly Digest - Volume X, Issue 11

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In This Issue:

- Delaware Proposal Banning Fee-Shifting and Permitting Exclusive Forum Provisions

- SEC Charges Insiders for Failure to Update Schedule 13D Disclosures

- CBOE Proposes Amendments to Trading Permit Holder and Direct Access Qualifications

- CFE Amends Rules on ECRPs and Block Trades

- FINRA Issues Notice on Background Checks for Registration Applicants

- SEC Approves ISE Rules on Information Barriers Between Customer and Proprietary Business

- SEC Staff Issues New FAQs on Regulation SHO

- CFTC Approves Final Rule on Residual Interest Deadline for FCMs

- FinCEN Updates List of Jurisdictions with AML/CFT Deficiencies

- CFTC Issues an Exemption to HKSFC Permitting US Customers to Deal Directly with Hong Kong Brokers

- Global Regulators Push Back Margin Requirements for Non-cleared Derivatives

- Delaware Court of Chancery Restricts Board’s Ability to Subject Former Shareholders to New Bylaws

- District Court Dismisses Data Breach Case for Lack of Standing

- Due Date for FATCA Reporting of US Accounts Is Approaching

- UK Regulator Announces Its Approach to Financial Promotions in Social Media

- Excerpt from Delaware Proposal Banning Fee-Shifting and Permitting Exclusive Forum Provisions:

Following the unexpected May 2014 decision of the Delaware Supreme Court in ATP Tour Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), upholding the validity of fee-shifting bylaws of a non-stock corporation, the plaintiffs’ and defense bar in Delaware swiftly prepared legislation to ban such provisions in bylaws and charters. Although passage of the bill had widely been expected, following criticism from the US Chamber of Commerce and some public companies, the issue was tabled until the Delaware legislature’s 2015 session.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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