Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K...more
4/17/2024
/ Certiorari ,
Investors ,
Item 303 ,
Liability ,
Macquarie Infrastructure Corp v Moab Partners LP ,
Omissions ,
Regulation S-K ,
Rule 10b-5 ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Vacated
A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth...more
12/18/2023
/ 10b5-1 Plans ,
Artificial Intelligence ,
Chief Information Security Officer (CISO) ,
Clawbacks ,
Climate Change ,
Corporate Governance ,
Cybersecurity ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Form 10-K ,
Form 8-K ,
Nasdaq ,
Publicly-Traded Companies ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholder Meetings ,
Trading Plans ,
Year-End Planning
The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more
10/30/2023
/ Affirmative Action ,
Antiboycott Requirements ,
Boycotts ,
CFTC ,
Climate Change ,
Corporate Governance ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
New Regulations ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
State and Local Government ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
Last week, the U.S. Supreme Court paved a path for petitioners to assert constitutional challenges to the structure of U.S. Securities and Exchange Commission (“SEC”) and U.S. Federal Trade Commission (“FTC”) administrative...more
Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s operations, so-called Caremark claims, are likely to intersect with the Securities and...more
12/19/2022
/ Caremark claim ,
Climate Change ,
Corporate Governance ,
DE Supreme Court ,
Disclosure Requirements ,
Discovery ,
Duty to Monitor ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Motion to Dismiss ,
Proposed Rules ,
Reporting Requirements ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
Crypto litigation, fueled by a surge of investors and market volatility, has ballooned in recent years. For example, numerous securities class actions and government subpoenas followed the May 2022 collapse of the $60 billion...more
11/21/2022
/ CFTC ,
Class Action ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Howey ,
Investors ,
SCOTUS ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Subpoenas
The past several years has seen growing attention on climate change disclosures and other environmental, social, and governance (“ESG”) issues. In 2016, a variety of universities faced pressure as student bodies demanded...more
It is not uncommon for various government agencies and offices to investigate the same company, particularly following a major scandal. We have grown accustomed to seeing simultaneous investigations by the U.S. Department of...more