On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more
12/24/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Board of Directors ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
En Banc Review ,
Environmental Social & Governance (ESG) ,
Nasdaq ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Vacated
Continuing its controversial and aggressive approaches to cybersecurity, the U.S. Securities and Exchange Commission (SEC) recently charged four current and former public companies for purportedly “materially misleading...more
11/5/2024
/ Civil Monetary Penalty ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Disclosure Requirements ,
Dissenting Opinions ,
Enforcement Actions ,
Form 8-K ,
Misleading Statements ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC)
On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data...more
What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more
Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more
8/2/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
As we expected to see in 2022, the U.S. Securities and Exchange Commission (SEC) is continuing an aggressive push in policing Environmental, Social, and Governance (ESG) related matters. In just the first few months of this...more
What: Publicly traded companies may soon be subject to additional cybersecurity reporting requirements. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize...more
In this episode, Wiley’s Kevin Muhlendorf and Holly Wilson discuss what 2022 will bring for Climate and Environmental, Social, and Governance (ESG) issues at the SEC, including expected activities by the SEC’s ESG Task Force...more
In March 2021, the U.S. Securities and Exchange Commission (SEC) created a Climate and Environmental, Social, and Governance (ESG) Task Force (ESG Task Force) within the Division of Enforcement, the purpose of which is to...more
1/7/2022
/ Climate Action Plan ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Fraud ,
Greenwashing ,
Investment Adviser ,
Investment Funds ,
Investors ,
Misleading Impressions ,
Notice of Proposed Rulemaking (NOPR) ,
Proxy Voting ,
Securities and Exchange Commission (SEC) ,
Sustainability