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Short Selling

White & Case LLP

DOJ & SEC Bring Enforcement Actions Against Short Sellers, Highlighting Continued Prevalence of Short Selling Against Public...

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The US Securities and Exchange Commission (SEC) and the US Department of Justice (DOJ) recently announced parallel actions against an activist short seller and his firm, charging them with multiple counts of securities fraud....more

A&O Shearman

The UK’s Lighter-Touch, Post-Brexit, Short Selling Regime

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The U.K. is currently engaged in a wide-ranging review of the inherited package of EU financial services law. The rules on short selling, which impose disclosure obligations and restrictions on persons seeking an economic...more

Proskauer - Regulatory & Compliance

Regulation Round Up - November 2023

Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation. ...more

A&O Shearman

UK Draft Short Selling Regulations Published

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The U.K. government has published a draft version of the Short Selling Regulations 2024. The draft SSR 2024 will replace the existing U.K. Short Selling Regulation, which was onshored from the EU and which is being repealed...more

Katten Muchin Rosenman LLP

UK’s Draft Short Selling Regulations 2024 Published

On 22 November 2023, HM Treasury (HMT) published a draft of the Short Selling Regulations 2024 (the Draft SI) and an accompanying explanatory policy note (the Note). The Draft SI and Note follow the UK Government’s...more

A&O Shearman

Ninth Circuit Affirms In Part And Reverses In Part Decision Dismissing Section 16(b) Complaint

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On November 16, 2023, the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a motion to dismiss a derivative action brought by a shareholder of a publicly traded biotechnology company...more

Wilson Sonsini Goodrich & Rosati

SEC Adopts Rule Amendments Requiring Increased Disclosure of Short Selling and Securities Lending Activities of Institutional...

On October 13, 2023, the U.S. Securities and Exchange Commission (SEC) approved final rules requiring increased disclosure of short selling activities of institutional investment managers and securities lending activities of...more

Skadden, Arps, Slate, Meagher & Flom LLP

How To Guard Against a Short Attack, and How To Respond if Faced With One

The Nature of Short Selling Attacks and Short Reports - Short selling attacks create unique challenges for boards, management teams and companies. Unlike traditional long activists, whose ultimate goal is to enhance...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2023

Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more

Cadwalader, Wickersham & Taft LLP

The UK Proposes Changes to Short Selling Regime

The UK Government has published its response to a call for evidence for a review of the Short Selling Regulation. The review was initiated as part of the UK’s aim to deliver a “Smarter Regulatory Framework” for financial...more

Stikeman Elliott LLP

CSA Revisit Short Selling in Canada

Stikeman Elliott LLP on

On December 8, 2022, the Canadian Securities Administrators (CSA) published CSA Staff Notice 25-306 Activist Short Selling Update (Staff Notice 25-306) and Joint CSA and IIROC Staff Notice 23-329 Short Selling in...more

Proskauer Rose LLP

Regulation Round Up - March 2023

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31 March - SFTR: The European Securities and Markets Authority (“ESMA”) published an updated version of its Q&As (ESMA74-362-893) on complying with reporting requirements under the Regulation on reporting and transparency...more

Perkins Coie

Market Turmoil Caused by “Run on the Banks” Leads to Trading Halts

Perkins Coie on

On March 10, 2023, volatility resulting from concerns regarding runs on certain banks triggered trading halts in those banks’ stocks on the New York Stock Exchange (NYSE) and Nasdaq. March 13, 2023, saw additional trading...more

White & Case LLP

Short-selling activism—A new challenge for companies listed in Sweden

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As the year draws to an end, it is clear that 2022 will be the year when short-selling activism and short-seller reports gained real traction in Sweden. From being virtually unheard of in the Swedish context, the use of...more

Dechert LLP

The Edinburgh Reforms

Dechert LLP on

On 9 December 2022, in Edinburgh, the Chancellor of the Exchequer announced a set of reforms that are intended to drive growth and competitiveness in the financial services sector (the Edinburgh Reforms or the Reforms). ...more

Dechert LLP

ESAs publish Q&A on the SFDR RTS

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Commission Delegated Regulation (EU) 2022/1288, setting out the regulatory technical standards (RTS) to be used by financial market participants (FMPs) when disclosing sustainability-related information under the Sustainable...more

Vinson & Elkins LLP

[Webinar] Managing Litigation Risks in De-SPAC Transactions - October 26th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on

As SPAC litigation continues to proliferate, it is more important than ever that officers and directors of companies undertaking a de-SPAC transaction be mindful of litigation risks and adopt strategies for managing them....more

A&O Shearman

European Securities and Markets Authority Publishes Report on Short Selling Regulation Review

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The European Securities and Markets Authority has published a report on its review of certain aspects of the EU Short Selling Regulation. The review was prompted by the volume of short selling that occurred around the...more

Bradley Arant Boult Cummings LLP

Proposed New SEC Rule a Likely Tool for Increased Enforcement Against Short Sellers

On February 25, 2022, the Securities and Exchange Commission issued a new Proposed Rule 13f-2 requiring institutional money managers to file with the SEC, on a monthly basis, certain short sale related data. A short sale is a...more

Goodwin

SEC Proposes Short Sale Disclosure Rule and Reopens Comment Period for Reporting on Securities Loans

Goodwin on

In This Issue. The U.S. Securities and Exchange Commission (SEC) proposed a new rule to increase market transparency regarding short selling and extended the comment period for its proposed rule requiring reporting on...more

A&O Shearman

Southern District Of New York Dismisses Securities Short Selling Claims Against Broker-Dealers, Allowing Spoofing Claims To...

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On February 9, 2022, Judge Lorna G. Schofield of the Southern District of New York denied in part and granted in part a motion to dismiss a securities fraud action asserting claims related to alleged spoofing and short...more

Goodwin

SEC Eyeing Rulemaking to Combat Market Volatility, Modernize Market Structure

Goodwin on

On January 26, 2022, SEC Chairman Gary Gensler issued a brief statement noting the agency’s efforts to address the market volatility in January 2021 and beyond. The statement referenced the SEC staff report on volatility and...more

Akin Gump Strauss Hauer & Feld LLP

EU New Net Short Position Disclosure Threshold at 0.1%—ESMA Confirms Disclosure of Existing Positions Required

As previously notified, the European Commission has revised rules to permanently lower the initial net short position reporting threshold from 0.2 per cent to 0.1 per cent under the EU Short Selling Regulation (EU SSR) and...more

A&O Shearman

Permanent Lower Threshold for Notification of Net Short Positions Under EU Short Selling Regulation Announced

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A Commission Delegated Regulation, published in the Official Journal of the European Union, amends the EU Short Selling Regulation to make permanent the lower notification threshold for notifying national regulators of net...more

Akin Gump Strauss Hauer & Feld LLP

EU Net Short Position Disclosure Threshold Lowered to 0.1% from 31 January 2022

The European Commission has published rules to permanently lower the initial net short position reporting threshold from 0.2 per cent to 0.1 per cent under the EU Short Selling Regulation (EU SSR). The lower disclosure...more

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