Stinson Leonard Street - Dodd-Frank and the Jobs Act

SEC Issues Final Regulation A+ Rules

The SEC has adopted amendments to Regulation A and other rules and forms to implement Section 401 of the JOBS Act. Section 401 of the JOBS Act added Section 3(b)(2) to the Securities Act of 1933, which directed the SEC to adopt…more
| Administrative Law, Business Organizations, Securities Law

CFTC to Shift Enforcement Actions to Administrative Courts

The CFTC plans to revive the use of administrative courts to bring enforcement actions for violations of the Commodity Exchange Act and CFTC regulations, according to recent remarks by Aitan Goelman, Director of the Division of…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

Fed Governor Says Volker Rule Thresholds Should be Raised

In testimony before a Senate committee, Federal Reserve Governor Daniel K. Tarullo suggested the threshold for the Volker rule should be raised. He noted the Volcker rule and the incentive compensation requirements of Section…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Issuers Omit Proposals From Proxy Statements

As noted here, two issuers have omitted shareholder proposals from preliminary proxy statements where no-action letters from the SEC regarding omission of the proposals have been withdrawn. The blog suggests, within its rights,…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

CFPB to Allow Consumers to Voice Public Complaints About Financial Companies

The CFPB is finalizing a policy to allow consumers to voice publicly their complaints about consumer financial products and services. When consumers submit a complaint to the CFPB, they now have the option to share their account…more
| Finance & Banking, Consumer Protection

SEC Chair White Warns on Fee Shifting Bylaws

In remarks at a conference attended by M&A professionals, SEC Chair White gave her views on fee shifting bylaws. Currently the SEC staff is focused on making sure the disclosures in company filings about its fee shifting…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Securities Law

CFPB Investigating Credit Card Market

The CFPB announced it is seeking public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers. This public inquiry will focus on issues including credit card…more
| Finance & Banking, Consumer Protection

Is Crowdfunding Under the JOBS Act Dead?

In a recent article titled JOBS Act State of the Union (well worth a read in full), Samuel Guzik makes the case that the SEC has given up on creating rules to implement Title III crowdfunding under the JOBS Act. Title III of the…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

2nd Circuit Upholds SEC’s Denial of Whistleblower Award

Larry Stryker petitioned the Second Circuit for review of an order of the SEC that denied his claim for a whistleblower award. He sought the award under Section 21F of the Dodd-Frank Act based on information he supplied to the…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Securities Law

SEC Charges 13D Filers With Failure to Disclose Going Private Plans

It’s well known that Federal securities laws require beneficial owners to promptly file an amendment when there is a material change in the facts previously reported by them on Schedule 13D, commonly referred to as a “beneficial…more
| Business Organizations, Commercial Law & Contracts, Securities Law

SEC Issues Policy on Bad Actor Waivers

In an effort to quell internal (including outspoken SEC Commissioners) and external criticism, the SEC has published its policy on bad actor waivers. The policy looks fair on its face. Application is another…more
| Administrative Law, Securities Law

Say-On-Pay Vote Did Not Create Disclosure Obligation

In Liang v. Berger, the plaintiff in a derivative action alleged the officers and directors of ARAID Pharmaceuticals failed to disclose material negative information about a drug under development in a timely manner. Among…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

Court Finds SEC Administrative Proceeding Constitutional

Section 929P(a) of the Dodd-Frank Act provides that the SEC’s authority in administrative penalty proceedings is “coextensive” with its authority to seek penalties in federal court. The plaintiff in Bebo v SEC argued the…more
| Administrative Law, Commercial Law & Contracts, Constitutional Law, Securities Law

What is a Security? Even the SEC Can’t Always Tell

On February 27, 2015, an Administrative Law Judge (ALJ) determined that, contrary to claims by the SEC, interests in an LLC that invested in conservation easements as a tax deduction mechanism were not “securities” within the…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Securities Law, Taxation

More Examples of Social Media in M&A Transactions

Occasionally we see interesting uses of social meeting in M&A transactions. Some recent examples are: From Zillow’s acquisition of Trulia: Fun pushing social media and investor relations envelope . . …more
| Commercial Law & Contracts, Communications & Media Law, Mergers & Acquisitions
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Contact: Steve Quinlivan

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