News & Analysis as of September 22, 2024

First Amendment › Conflict Mineral Rules

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Sugar-Sweetened Beverages, Conflict Minerals And The First Amendment

Allen Matkins on 2/1/2019

In an en banc decision issued yesterday, the Ninth Circuit Court of Appeals reversed U.S. District Court Judge Edward M. Chen's denial of a preliminary injunction in an action challenging a San Francisco ordinance requires...more

Blog: Conflict Minerals Benchmarking Study Analyzes Filings For 2016—Was There Any Progress?

Cooley LLP on 8/2/2017

Development International has posted its most recent Conflict Minerals Benchmarking Study, analyzing the results of filings for the 2016 filing period. The study looked at filings submitted by the 1,153 issuers that had filed...more

Recent Developments with Respect to Conflict Minerals

Snell & Wilmer on 6/6/2017

In the Spring 2017 issue of our Corporate Communicator, we included a brief discussion of the status of the conflict minerals rules contained in Rule 13p-1 of the Securities Exchange Act of 1934, as amended (the “Exchange...more

Conflict Minerals Disclosure New SEC Guidance

BakerHostetler on 5/4/2017

On April 7, 2017, the Securities and Exchange Commission ("SEC") Division of Corporate Finance (the "Division") indicated that it will not recommend enforcement of the conflict minerals source and chain of custody due...more

SEC Provides Relief from Enforcement Actions Regarding Certain Portions of the Conflict Minerals Rule

Morrison & Foerster LLP - JOBS Act on 4/13/2017

On April 3, 2017, the District Court for the District of Columbia (the “District Court”) entered a final judgment (the “Final Judgment”) in the case of National Association of Manufacturers, et al., v. SEC. The Final Judgment...more

Conflict Minerals - What Just Happened and What Didn’t

Parker Poe Adams & Bernstein LLP on 4/11/2017

The conflict minerals saga continues. Background - In April 2014, the Court of Appeals for the D.C. Circuit in National Association of Manufacturers v. SEC held that the conflict minerals rule’s requirement that...more

SEC Staff Issues New Guidance on Conflict Minerals Rule for 2017 Filings

BCLP on 4/10/2017

Late Friday, April 7, the SEC issued two statements relating to the conflict minerals rule which reflect a significant change in the staff’s guidance for public companies. The upshot of these statements is that the staff...more

Blog: Corp Fin Provides Relief On Conflict Minerals In Light Of Final Judgment In National Association Of Manufacturers V. SEC

Cooley LLP on 4/10/2017

On April 7, 2017, in light of the entry of final judgment by the D.C. District Court in National Association of Manufacturers v. SEC, Corp Fin issued an Updated Statement on the Effect of the Court of Appeals Decision on the...more

Blog: Final Judgment Entered In Conflict Minerals Case, National Association Of Manufacturers V. SEC

Cooley LLP on 4/4/2017

Today, the D.C. District Court entered final judgment in National Association of Manufacturers v. SEC, holding that Section 1502 of Dodd-Frank and Rule 13p-1 and Form SD, Conflict Minerals, violate the First Amendment to the...more

Proposed Judgment in Conflict Minerals Case

Stinson - Corporate & Securities Law Blog on 3/21/2017

Pursuant to a court order, the parties to the conflict minerals case have filed a proposed judgment after they advised the court no further proceedings were necessary. The text of the proposed judgment is as follows...more

Blog: Say Farewell To The Conflict Minerals Case, Nat’l Ass’n Of Mfrs. V. SEC

Cooley LLP on 3/14/2017

The parties to the conflict minerals case have filed in the D.C. District Court a “Joint Status Report,” which requests that the Court enter a final judgment in accordance with the decision of the Court of Appeals. As a...more

Parties Request Judgment be Entered in Conflict Minerals Case

Stinson - Corporate & Securities Law Blog on 3/13/2017

The conflict minerals case was remanded to the United Stated District Court for the District of Columbia for further proceedings. Judge Jackson ordered the parties to file a joint status report indicating whether any further...more

Corporate Communicator - Spring 2017 - Recent Developments Regarding the Conflict Minerals Reporting Requirements

Snell & Wilmer on 3/10/2017

On January 31, 2017, Michael Piwowar, Acting Chairman of the Securities and Exchange Commission (the “SEC”), issued two Statements regarding the current status of guidance on and implementation of the conflict minerals rules....more

Judge Orders Status Report in Conflict Minerals Case

Stinson - Corporate & Securities Law Blog on 2/16/2017

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

SEC Calls for Comments on Conflict Minerals Rule Implementation and Guidance

Akin Gump Strauss Hauer & Feld LLP on 2/3/2017

On January 31, 2017, Acting Chairman of the Securities and Exchange Commission (SEC), Michael S. Piwowar, issued two statements calling for comments on the SEC’s enforcement of the conflict minerals reporting requirements of...more

Blog: Acting SEC Chair To Revisit 2014 Guidance On Conflict Minerals Rules

Cooley LLP on 2/2/2017

Yesterday, Acting SEC Chair Michael Piwowar issued two statements on the conflict minerals rules, neither of which is definitive, but which together make clear that further guidance on the rules is in the offing and that it...more

SEC Reconsidering Conflict Minerals Implementation

Stinson - Corporate & Securities Law Blog on 2/1/2017

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

Blog: No Petition For Cert In Natl Assoc. Of Manufacturers V. SEC, The Conflict Minerals Case

Cooley LLP on 4/12/2016

No reason to keep checking the SCOTUS website for the SEC’s cert petition in Natl Assoc. of Manufacturers v. SEC, the conflict minerals case. According to this letter from Attorney General Loretta Lynch to House Speaker Paul...more

AG Explains Why the Conflict Minerals Decision Was Not Appealed to the Supreme Court

Stinson - Corporate & Securities Law Blog on 4/11/2016

Loretta Lynch, United States Attorney General, explained in a letter to Paul Ryan, Speaker of the House, why the United States did not submit a writ of certiorari with respect to the conflict minerals decision: - The...more

Blog: Deadline For Filing Cert Petition Extended Again In Conflict Minerals Case

Cooley LLP on 2/24/2016

The Chief Justice has granted another extension of time for the SEC to file a petition for cert in Natl Assoc. of Manufacturers v. SEC, the conflict minerals case. The SEC now has until April 7, 2016 to file its petition. ...more

It’s Time Again (sigh) for Conflict Minerals

Parker Poe Adams & Bernstein LLP on 2/9/2016

Year three of conflict minerals reporting is fast approaching, with Form SD filings due on May 31st. The good news, and the bad news, is that not much has changed since last year....more

Blog: D.C. Circuit Denies SEC’s Petition For Rehearing En Banc In Conflict Minerals Case

Cooley LLP on 11/10/2015

Hot off the press: The D.C. Circuit today issued a per curiam order denying the petitions of the SEC and Amnesty International for a rehearing en banc in Natl Assoc. of Manufacturers v. SEC, the conflict minerals case. No...more

Blog: U.S. Chamber Of Commerce Won’t Challenge Pay-Ratio Rules — At Least For Now — And Will Focus Instead On Conflict Minerals...

Cooley LLP on 10/22/2015

The WSJ is reporting that, contrary to all expectations (including my own), “the U.S. Chamber of Commerce isn’t planning to mount a legal challenge to the Securities and Exchange Commission’s pay ratio rule.”...more

Blog: Is A Lot More At Stake In The Conflict Minerals Case Than The Conflict Minerals Disclosure Rules?

Cooley LLP on 10/19/2015

An amicus brief filed in the conflict minerals case, National Association of Manufacturers, Inc. v. SEC, was submitted this week by a group of anti-smoking and other organizations dedicated to protecting public health: Truth...more

SEC and Amnesty International Seek En Banc Rehearing of Decision in Ongoing Conflict Minerals Court Battle

Dorsey & Whitney LLP on 10/7/2015

On Friday, the SEC and Amnesty International each filed petitions seeking a rehearing en banc of the August 2015 panel opinion of the U.S. Court of Appeals for the District of Columbia Circuit regarding the conflict minerals...more

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First Amendment › Conflict Mineral Rules

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