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Corporate E-Note - October 2021

Resources - What We Do And Don’t Know About The New COVID-19 Vaccination Mandates - Since President Biden’s announcement on September 9, 2021 of plans for COVID-19 vaccination and/or weekly testing mandates, we have...more

New Emphasis in SEC 2021 Examination Priorities

The U.S. Securities and Exchange Commission (“SEC”) released its 2021 Examination Priorities on March 3.  The Examinations group – elevated last December to Division status (formerly the Office of Compliance Investigations...more

Remote Work The New Normal: SIFMA Proposes Broad Rule Revisions

The Securities Industry and Financial Markets Association (“SIFMA”) recently proposed sweeping modernization of industry self-regulatory rules to reflect firms’ successful pivot to remote operations over the past year. SIFMA...more

Corporate E-Note - September 2020

SBA Issues New PPP Rules for Owner-Employees and Related Party Rents - The Small Business Administration ("SBA") recently issued a new interim final rule clarifying whether paycheck protection program ("PPP") loan proceeds...more

US DOJ Criminal Chief Announces 57 “Main Justice” PPP Cases

At a September 10 press conference, Acting Assistant Attorney General Brian Rabbitt announced that the Department of Justice (“DOJ”) Criminal Division has reached 57 criminal prosecutions for fraud in connection with the...more

SEC Temporarily Allows Municipal Advisors to Solicit Direct Placements

On June 16, the SEC issued a temporary exemptive order, allowing registered municipal advisors to solicit banks, their wholly-owned commercial lenders and credit unions in connection with direct placements by municipal-issuer...more

FINRA Shares Firms’ WFH Practices

On May 28, 2020, FINRA issued its Regulatory Notice 20-16 sharing firms’ WFH practices observed to date.  They include common practices adopted across most industries, as one would expect....more

FINRA Proposes WFH Rules for Disciplinary Matters

On May 8, FINRA filed an expedited request for an immediate rule change that would allow service by email, extensions of time, and video-conference hearings in member-application, disciplinary proceedings and appeals.  FINRA...more

US DOJ Files First Criminal Action for PPP Loan Fraud

The United States Department of Justice (“DOJ”) has filed the first criminal action for fraud in connection with PPP loans.  Documents unsealed May 5 in the United States District Court for the District of Rhode Island accuse...more

SEC Urges Municipal Securities COVID-19 Disclosures

In a May 4 joint public statement, SEC Chair Clayton and Municipal Securities Office Director Rebecca Olsen urged municipal issuers to make voluntary disclosures specific to issuers, and their various outstanding municipal...more

Advisers Should Report PPP Loans on Updated ADV

On April 27, the SEC’s Division of Investment Management updated its COVID-19 FAQs to reflect the Staff’s position that small investment advisers must report the “nature, amounts and effects” of PPP loans if potentially...more

FINRA Cancels All In-Person Hearings Through July 3

The dispute-resolution arm of broker-dealer regulator FINRA has cancelled all in-person arbitration hearings and mediation sessions through July 3, 2020.  In-person hearings originally were cancelled through May 1, then...more

MSRB Delays Compliance Deadlines

On April 9, the Municipal Securities Rulemaking Board (“MSRB”) filed with the SEC a temporary rule change that waived certain late fees and delayed some key compliance deadlines....more

SEC Suspends Trading in 7 OTC Stocks in 4 Days Over COVID Claims

In the past week, the Securities and Exchange Commission has suspended trading in five separate over-the-counter (“OTC”) stocks due to dubious COVID claims or related identity confusion....more

SEC Holds Firm On Reg. BI/CRS June 30 Compliance Date

Securities and Exchange Commission Chair Jay Clayton issued an April 2 public statement that the SEC will hold firm on its June 30, 2020 deadline for firms to implement Reg. BI and Form CRS.  There had been industry...more

MSRB Collects COVID-19 Continuing Disclosures

The Municipal Securities Rulemaking Board (“MSRB”) on April 2 published its statistical analysis and list of COVID-19 continuing disclosures filed by municipal issuers during the first quarter of 2020.  Of 43,667 disclosures,...more

FINRA-DR Extends Postponement of In-Person Hearings

On March 27, securities regulator FINRA extended its previous postponement of in-person hearings from May 1 through May 31.  FINRA also will offer virtual hearing options (including Zoom) by agreement or panel order....more

SEC Warns COVID-19 Increases Insider Trading Risks

SEC Enforcement Co-Directors Stephanie Avakian and Steven Peiken issued a March 23 public statement warning that the novel Coronavirus pandemic increases material non-public information and reminding corporate insiders of...more

US DOJ Files First COVID-19 Fraud Action

The U.S. Department of Justice (“DOJ”) has filed its first criminal action against fraudulent activity taking advantage of the novel coronavirus pandemic....more

NYSE Goes All-Electric Starting Monday

The New York Stock Exchange announced today that it will activate its Business Continuity Plan, temporarily closing its equities and options (Amer and Arca) trading floors....more

Financial Regulators Post COVID Guidance

The SEC has gathered its guidance in a single location. Topics covered include: (a) The SEC’s own Business Continuity Plan (“BCP”) and its implementation; (b) Increased market monitoring and surveillance...more

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