Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on the following topics...more
1/22/2026
/ Artificial Intelligence ,
BIOSECURE Act ,
Comment Period ,
Corporate Governance ,
Disclosure Requirements ,
Filing Requirements ,
Final Rules ,
Foreign Private Issuers ,
Investment Adviser ,
New Regulations ,
Proposed Rules ,
Proxy Season ,
Proxy Voting ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Publicly sharing clinical results can trigger a range of regulatory and compliance obligations, especially for companies approaching or already in the public markets. As scrutiny on life sciences communications increases,...more
12/23/2025
/ Clinical Trials ,
Corporate Governance ,
Data-Sharing ,
Disclosure Requirements ,
Food and Drug Administration (FDA) ,
Form 8-K ,
Investors ,
Life Sciences ,
Pharmaceutical Industry ,
Public Communications ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC)
For any life sciences company, a clinical data readout is more than a scientific milestone. It’s a corporate event that can influence investor sentiment and the broader perception of the program. ...more
Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on the following topics...more
12/12/2025
/ Climate Change ,
Corporate Governance ,
Delisting ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Form 10-K ,
Form S-8 ,
Market Volatility ,
New Regulations ,
Pharmaceutical Industry ,
Proxy Season ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
ISS updated its benchmark proxy voting policies on November 25, 2026. The updates applicable to U.S. companies are briefly summarized below. ...more
12/5/2025
/ Board of Directors ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
Executive Compensation ,
Institutional Shareholder Services (ISS) ,
Proxy Season ,
Proxy Voting ,
Say-on-Pay ,
Share Class Structures ,
Shareholder Proposals ,
Voting Rights
The SEC’s Division of Corporation Finance has issued a statement outlining its new approach to handling shareholder proposal no-action requests under Exchange Act Rule 14a8 for the 2025–2026 proxy season....more
11/18/2025
/ Corporate Governance ,
Disclosure Requirements ,
Filing Requirements ,
No-Action Letters ,
No-Action Requests ,
Proxy Season ,
Proxy Statements ,
Publicly-Traded Companies ,
Rule 14a-8 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Shareholder Proposals
Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more
11/6/2025
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Exxon Mobil ,
Form 10-Q ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Registration Statement ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Factors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stock Exchange
In recent prepared remarks, U.S. Securities and Exchange Commission (SEC) Chair Paul S. Atkins laid out his priorities for the SEC, including efforts to make operating as a public company attractive to more businesses....more
The SEC will allow initial public offerings (IPOs) and other transactions that typically rely on the incorporation of pricing information into the registration statement using Rule 430A to become effective during the ongoing...more
Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more
10/8/2025
/ CARB ,
Corporate Governance ,
Disclosure Requirements ,
Final Rules ,
Form 10-Q ,
Government Shutdown ,
MD&A Statements ,
New Guidance ,
Proposed Rules ,
Proxy Proposals ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Factors ,
Rule 14a-8 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Shareholder Proposals ,
Stock Exchange ,
Tariffs ,
US Trade Policies
The U.S. federal government officially shut down on October 1, 2025, as lawmakers failed to reach an agreement on federal spending. Many government workers will be on furlough for so long as the shutdown continues, which will...more
10/3/2025
/ Disclosure Requirements ,
EDGAR ,
Filing Deadlines ,
Furloughs ,
Government Shutdown ,
Investors ,
No-Action Requests ,
Publicly-Traded Companies ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
The SEC has indicated its support for moving to a semiannual reporting schedule. While no formal rule change has been adopted, SEC Chair Paul Atkins has publicly stated that the SEC will propose a rule change to implement the...more
On September 17, 2025, the SEC issued a long-awaited policy statement “to inform the public that the presence of a provision requiring arbitration of investor claims arising under the Federal securities laws will not impact...more
9/23/2025
/ Corporate Governance ,
Disclosure Requirements ,
Federal Arbitration Act ,
Initial Public Offering (IPO) ,
Mandatory Arbitration Clauses ,
Policy Statement ,
Registration Statement ,
Regulatory Requirements ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation
Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more
9/8/2025
/ CARB ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Form 10-Q ,
MD&A Statements ,
Nasdaq ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation
Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more
8/6/2025
/ Bylaws ,
CDIs ,
Climate Change ,
Corporate Governance ,
Digital Assets ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Exchange-Traded Products ,
Federal Funding ,
Form 10-Q ,
Forum Selection ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
MD&A Statements ,
Proxy Advisors ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Factors ,
Schedule 13D ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins ,
Tariffs ,
US Trade Policies
Companies doing business in Texas and California should be aware of the following state law developments, which could affect them....more
7/21/2025
/ CARB ,
Carbon Emissions ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
New Legislation ,
Publicly-Traded Companies ,
Reporting Requirements ,
Shareholders
The SEC is reportedly in discussions with Nasdaq and NYSE about ways to ease the burden of becoming—and remaining—a public company....more
On July 1, the SEC’s Division of Corporation Finance (Corp Fin) issued a statement regarding Crypto Asset Exchange-Traded Products (crypto asset ETPs).
Crypto asset ETPs are investment products that are listed and traded...more
7/16/2025
/ Cryptocurrency ,
Derivatives ,
Digital Assets ,
Disclosure Requirements ,
Exchange-Traded Products ,
Financial Markets ,
Investment ,
Investment Funds ,
Policy Statement ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On July 11, the SEC’s Division of Corporation Finance amended 18 Compliance and Disclosure Interpretations relating to Regulation 13D-G, which pertains to beneficial ownership reporting rules.
These amendments bring the...more
Keep in mind the following risk factor and MD&A considerations for upcoming Form 10-Q filings...more
7/15/2025
/ Corporate Governance ,
Disclosure Requirements ,
Foreign Currency ,
Form 10-Q ,
International Trade ,
MD&A Statements ,
Publicly-Traded Companies ,
Risk Management ,
Tariffs ,
Tax Policy ,
Tax Reform ,
Trade Relations ,
US Trade Policies
Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more
7/8/2025
/ Corporate Governance ,
Cryptoassets ,
Currency Exchange ,
Disclosure Requirements ,
Exchange-Traded Products ,
Executive Compensation ,
Foreign Currency ,
Form 10-Q ,
Nasdaq ,
Regulatory Requirements ,
Reporting Requirements ,
Rule 14a-8 ,
Securities ,
Securities Regulation ,
State Securities Regulators ,
Tariffs ,
US Trade Policies
Petition for Rulemaking with Respect to Cybersecurity Incident Disclosure -
A group of financial services industry trade associations submitted a joint petition for rulemaking requesting that the SEC amend the...more
6/20/2025
/ Bitcoin ,
Crowdfunding ,
Cryptocurrency ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Financial Services Industry ,
Foreign Private Issuers ,
Nasdaq ,
Petition for Rulemaking ,
Proposed Amendments ,
Publicly-Traded Companies ,
Regulation A ,
Securities and Exchange Commission (SEC) ,
Trade Associations
Some issuers will be subject to higher FINRA fee caps beginning July 1, 2025.
Section 7 of Schedule A to the FINRA By-Laws sets forth the fees associated with filing documents pursuant to the Corporate Financing Rule....more
On June 12, 2025, the SEC announced its withdrawal of previously proposed amendments to Rule 14a-8. ...more
The SEC’s Division of Corporation Finance recently issued a statement on Certain Protocol Staking Activities, essentially articulating the Division’s view that “Protocol Staking Activities,” do not involve the offer and sale...more
6/16/2025
/ Blockchain ,
Cryptocurrency ,
Digital Assets ,
FinTech ,
Registration Requirement ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation ,
Securities Tokens