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President’s Working Group on Financial Markets Releases Report on Protecting U.S. Investors from Significant Risks from Chinese...

On August 6, 2020, the President’s Working Group on Financial Markets (“Working Group”) released its Report on Protecting United States Investors from Significant Risks from Chinese Companies (“Report”)....more

SEC Amends Financial Disclosure Rules for Merger & Acquisition Transactions

Introduction - This First Analysis article discusses the amendments (Amended Rules) adopted by the U.S. Securities and Exchange Commission (SEC) on May 21, 2020 in connection with financial statement disclosures on...more

What’s the Deal? Medium-Term Note Programs

Here’s the deal: MTN programs are designed to enable frequent debt issuers to access the market quickly, without the burden of negotiating a suite of takedown documents for each debt issuance. ...more

SEC Staff Roundtable on Emerging Markets: Highlights from the Panel on Disclosure and Reporting Considerations on Investments in...

On July 9, 2020, SEC Office of Internal Affairs Director Raquel Fox and SEC Division of Corporation Finance Director William Hinman moderated a panel discussion concerning the disclosure and reporting considerations of...more

SEC Staff Roundtable on Emerging Markets: Highlights from the Panels on Investments in Emerging Markets by U.S. Retail Investors

On July 9, 2020, SEC Division of Economic and Risk Analysis Chief Economist and Director S.P. Kothari and SEC Office of Compliance Inspections and Examinations Director Peter Driscoll moderated a panel discussion concerning...more

Market Trends 2019/20: U.S. Tariff Policies

This market trends article identifies disclosures related to U.S. Tariff Policies that offer detailed discussions on the actual and potential effects for the particular registrants and concludes with recommendations on how to...more

Proposed Nasdaq Rules May Raise Additional Difficulties for Companies in Emerging Markets

On June 8 and 12, 2020, the Securities and Exchange Commission had published in the Federal Register for comment several rule proposals from Nasdaq Stock Market LLC (“Nasdaq”) that would apply to companies whose principal...more

Presidential Memorandum on Protecting US Investors

A Presidential memorandum was issued on June 4, 2020 calling for “firm, orderly action to end the Chinese practice of flouting American transparency requirements without negatively affecting American investors and financial...more

SEC Amends Business Acquisition and Disposition Disclosure Rules

On May 21, 2020, the US Securities and Exchange Commission (SEC) adopted amendments (Amended Rules)1 to financial statement disclosures with respect to business acquisitions and dispositions required by Regulation S-X’s Rule...more

U.S. Senate Passes Bill Forcing Chinese Companies to Adhere to U.S. Securities Laws

On May 20, 2020, the U.S. Senate unanimously approved  bipartisan legislation (the “bill”) that would amend Section 104 of the Sarbanes-Oxley Act of 2002....more

What’s the Deal? – Registered Direct Offerings

Registered direct offerings, or RDOs, are hybrid securities offerings, meaning that these offerings have some characteristics typically associated with private placements and some characteristics of public offerings. During...more

Risks in Emerging Market Investments

On April 21, 2020, the U.S. Securities and Exchange Commission Chair, Chief Accountant and Divisions of Corporation Finance and Investment Management Directors, together with the Public Company Accounting Oversight Board...more

What’s the Deal? – Private Investments in Public Equity PIPE Transactions

Market volatility is now the norm. Financing “windows” often open and close rather abruptly, and issuers must be prepared to undertake a capital-raising transaction quickly. Often, a PIPE transaction can be executed during...more

SEC Penalizes Issuer for Failure to Disclose Known Trends and Uncertainties

A U.S. reporting company that produces, distills and markets alcoholic beverages, such as vodkas, whiskeys, tequilas, gins and beer, and that has shares and American Depositary Shares listed on the London Stock Exchange and...more

How to Structure a Tax-Efficient IPO: Benefits of the Up-C Structure

A partnership (or LLC) can go public in a highly tax-efficient manner by using an “Up-C” structure. An Up-C structure is composed of two entities: (1) a parent company, a C corporation (“PubCo”) which will be organized as a...more

SEC’s Proposed Disclosure Improvements for Business Acquisitions and Dispositions

On May 3, 2019, the US Securities and Exchange Commission (SEC) proposed revisions to financial statement disclosures with respect to business acquisitions and dispositions required by Regulation S-X’s Rule 3-05 (Financial...more

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