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Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

On December 11, 2024, the US Court of Appeals for the Fifth Circuit vacated the US Securities and Exchange Commission’s (SEC) order approving The Nasdaq Stock Market LLC’s (Nasdaq) board diversity rules, holding that the...more

SEC Fines Director for Failing to Disclose Close Friendship With Senior Executive

In a novel enforcement action, the US Securities and Exchange Commission (SEC) charged a member of the board of directors of a New-York-Stock-Exchange (NYSE)-listed manufacturer of personal and household products for...more

SEC Fines Director for Failing to Disclose Close Friendship With Senior Executive

In a novel enforcement action, the US Securities and Exchange Commission (SEC) charged a member of the board of directors of a New-York-Stock-Exchange (NYSE)-listed manufacturer of personal and household products for...more

Nasdaq Changes Compliance Deadlines for Board Diversity Rules

On August 6, 2021, the US Securities and Exchange Commission (SEC) approved the listing rules proposed by The Nasdaq Stock Market LLC (Nasdaq) to advance board diversity and enhance the transparency of diversity statistics...more

SEC Imposes New Restrictions on Availability of Rule 10b5-1 Defense to Insider Trading

At an Open Meeting on December 14, 2022, the US Securities and Exchange Commission (SEC) adopted amendments to Rule 10b5-1 promulgated under the Securities Exchange Act of 1934 (Exchange Act), which impose new limitations on...more

SEC Provides Further Guidance on Covid-19 Disclosure

On June 23, 2020, the Division of Corporation Finance (CF) and the Office of the Chief Accountant of the US Securities and Exchange Commission (SEC) released guidance that provides additional views on disclosure related to...more

COVID-19 Considerations for US and European Public Companies

The Coronavirus (COVID-19) pandemic and the responses of governments and societies to the crisis are having a profound impact on public companies and capital markets worldwide. Such companies, including those in the United...more

ISS and Glass Lewis Update Proxy Voting Guidelines for 2019

Institutional Shareholder Services Inc. and Glass, Lewis & Co., LLC both recently issued their annual proxy voting guideline updates. As revised, these guidelines have important implications for companies preparing for the...more

SEC Clarifies Best Practices for Board Analysis of Shareholder Proposals

The SEC issued Staff Legal Bulletin No. 14J on October 23, addressing the staff’s review of no-action requests from public companies seeking to exclude shareholder proposals from their proxy materials. SLB 14J provides...more

Capital Markets & Public Companies Quarterly: California to Require Female Directors, Updated Rules and Guidance from the SEC and...

In the third quarter of 2018, California became the first state to mandate that public companies include at least one woman on their board of directors. In addition, the SEC staff withdrew prior guidance relating to...more

California Becomes First State to Mandate Female Directors for Publicly Held Companies

On September 30, 2018, California Governor Jerry Brown signed into law legislation designed to require publicly held corporations whose principal executive offices are located in California to have one woman on their boards...more

ISS Defines Acceptable Parameters for Proxy Access Provisions

Summary of Key ISS and Glass Lewis 2016 Proxy Season Policy Updates - Institutional Shareholder Services Inc. (ISS) recently issued, in the form of Frequently Asked Questions, a further update to its 2016 proxy voting...more

Don’t Be Caught Dead Handed: Avoiding Legal Challenges to Dead Hand Proxy Puts in Loan Agreements

A number of public companies have become the target of shareholder books and records inspection demands and litigation related to certain “change of control” provisions in their loan agreements. The type of provisions at...more

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