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Nasdaq’s Giant Leap Towards Diversity on the Board

Following the lead of California, Illinois and other states, Nasdaq, which is home to some of the largest companies in the world including Amazon, Google and Facebook, may require diversity on the board of directors of those...more

Finders May Finally Be Keepers: SEC Proposes Rules Allowing for Unregistered Broker-Dealers to Participate in Capital-Raising...

The ability to raise capital is one of the most critical challenges facing small businesses in the U.S. today. Capital can allow for exponential growth of a well-run startup with a good idea, but the lack of capital is the...more

Southern District of New York Reaffirms That Syndicated Bank Loans Are Not Securities

On May 22, 2020, Judge Paul G. Gardephe of the Southern District of New York, in Kirschner v. JPMorgan Chase, reaffirmed that syndicated bank loans are not securities. In Kirschner, the plaintiff alleged that a $1.77 billion...more

The Economic Growth, Regulatory Relief and Consumer Protection Act Amends a Key Provision of Rule 701

The Economic Growth Regulatory Relief and Consumer Protection Act, which was signed into law by President Trump on May 24, 2018, directs the US Securities and Exchange Commission (SEC) to amend a significant provision of Rule...more

Spotify Is Bypassing a Traditional IPO in Favor of Direct Listing. Should Other Companies Follow Its Lead?

First Spotify changed the music industry. Now it might change the way we think about public offerings. On Wednesday, February 28, 2018, Spotify filed its prospectus to go public through a direct listing on the New York...more

SEC Updated Guidance on Cyber Disclosure by Publicly Traded Companies in a Digitally-Connected World

...The Securities and Exchange Commission (the “Commission”) Wednesday announced updated cybersecurity guidance for public companies. This guidance reinforces the Division of Corporation Finance guidance issued in October...more

Recent Insights from the SEC Regarding Dodd-Frank Rulemaking and Initial Coin Offerings

On January 22, 2018, US Securities and Exchange Commission (SEC) Chairman Jay Clayton gave the opening remarks at the Securities Regulation Institute. His comments provided helpful guidance on several noteworthy topics...more

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