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Cozen O'Connor

Nasdaq Increases Initial Listing Liquidity Requirements: What It Means for Companies Going Public

Cozen O'Connor on

On March 12, 2025, the SEC approved a significant rule change to Nasdaq’s initial listing liquidity requirements (the New Liquidity Rules). These changes make it more challenging for companies seeking to list on the Nasdaq...more

Faegre Drinker Biddle & Reath LLP

Things I Worry About (10): FINRA Enforcement and Senior Investors (2)

Key Takeaways - FINRA’s 2025 Annual Regulatory Oversight Report 2025-annual-regulatory-oversight-report.pdf included a focus on issues related to retirees and senior investors. - The Report provides guidance to...more

Lowenstein Sandler LLP

SEC Greenlights Proof-of-Work Mining

Lowenstein Sandler LLP on

The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as...more

Allen Matkins

What Vice Chancellor Strine Got Wrong In Massey Energy Co.

Allen Matkins on

Vice Chancellor Leo Strine famously wrote that "Delaware law does not charter law breakers".  In re Massey Energy Co., 2011 WL 2176479, at *20 (Del. Ch. May 31, 2011).  Professor William J. Moon picks up on this theme in a...more

Dechert LLP

Good News Coming Out of the SEC for BDCs (and Hopefully More to Come)

Dechert LLP on

The Securities and Exchange Commission issued notices of its intent to grant multiple share class exemptive relief for seven private business development companies (“BDCs”). The SEC issued a no-action letter that removes a...more

Kohrman Jackson & Krantz LLP

OTC Markets Launches New Market Tier: OTC Pink Companies Must Act Now to Avoid Downgrade

Starting July 1, 2025, the OTC Markets Group will introduce OTCID Basic Market, replacing the current Pink Current tier. The OTC believes that this change will enhance transparency and provide investors with clearer insights...more

Proskauer Rose LLP

SEC Eases Verification Burdens in Rule 506(c) Offerings

Proskauer Rose LLP on

The SEC’s Division of Corporation Finance recently issued an interpretive letter providing additional insight as to what constitutes “reasonable steps” to verify an investor’s accredited investor status under Rule 506(c) of...more

Foley & Lardner LLP

A Delay in Exit Plans

Foley & Lardner LLP on

There was much hope going into 2025 that we would see a rebound in the IPO market after a bit of a drought over the past few years. We left the uncertainty of the election behind us, and good news on the inflation and...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: A Personal Operating System for Compliance Professionals

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned...more

Thomas Fox - Compliance Evangelist

FCPA Compliance Report: Navigating the Complexities of FTO Designations and Compliance in Mexico and Latin America

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom welcomes Tim O’Toole and Matt Ellis from Miller & Chevalier to discuss the significant implications of...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: March 24, 2025, The ABC Task Force Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News—all...more

Thomas Fox - Compliance Evangelist

Sunday Book Review: March 23, 2025, The Hard-Boiled Edition

In the Sunday Book Review, Tom Fox considers books that interest the compliance professional, the business executive, or anyone curious. These could be books about business, compliance, history, leadership, current events, or...more

Thomas Fox - Compliance Evangelist

2 Gurus Talk Compliance: Episode 48 – The March Madness Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s...more

Thomas Fox - Compliance Evangelist

10 For 10: Top Compliance Stories For The Week Ending, March 22, 2025

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to...more

Thomas Fox - Compliance Evangelist

Because That’s What Heroes Do: Deep Space 9 – Episode 25: Penumbra and Beginning of the Final Arc

Get ready for an exciting new season of Because That’s What Heroes Do. This season, they take a deep dive into their favorite episodes of Deep Space 9. In this exploration, Tom and Megan are joined by Star Trek maven Alex...more

Polsinelli

ESOP Transactions and the Duty to Monitor Revisited

Polsinelli on

Key Takeaways: Board’s Duty to Monitor the Trustee: A company’s board of directors has a fiduciary duty to monitor the ESOP trustee’s actions in an ESOP transaction, ensuring that the trustee is acting in the exclusive...more

Cadwalader, Wickersham & Taft LLP

Capital Call Securitisation, March 2025 - Subscription Finance Facilities – the Allure to Securitise: A European Perspective

Securitisation of subscription finance facilities is en vogue in fund finance. We have written previously on this topic, offering a primer on capital call securitisations and a Q&A regarding a first publicly rated cash...more

Stinson - Corporate & Securities Law Blog

SEC Addresses Crypto Proof-of-Work Mining Activities

The SEC looked favorably on designated crypto mining activities by stating that such activities are not securities. Specifically, the SEC addressed “proof-of-work” activities.  According to the SEC, Proof-of-work (“PoW”) is a...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - Key Takeaways From CFTC Acting Chairman Caroline Pham’s FIA Boca 50 Keynote

On March 11, 2025 at the 50th Annual International Futures Industry (“FIA”) Conference, Commodity Futures Trading Commission (“CFTC”) Acting Chairman Caroline Pham delivered a ground-breaking keynote covering administrative...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - UK Government Proposes Action Plan on a “New Approach To Ensure Regulators and Regulation Support...

The UK’s Treasury ("HMT") has set out an Action Plan to ensure that regulation promotes growth and investment. Noting that while regulation has many benefits, the UK’s current stance is hindering its international...more

K&L Gates LLP

SEC Extends Compliance Period for the Amended Names Rule

K&L Gates LLP on

On 14 March 2025, the Securities Exchange Commission (SEC) extended the compliance dates for the amendments to Rule 35d-1 (Amended Names Rule) under the Investment Company Act of 1940, as amended (1940 Act), by six months....more

McDermott Will & Emery

New SEC Leadership Signals Continued Focus on FDA-Related Disclosures

McDermott Will & Emery on

Lawyers inside and outside the US Securities and Exchange Commission (SEC) have speculated that the agency’s new leadership will take a “lighter touch” when it comes to enforcement. The ultimate approach of the new SEC...more

K2 Integrity

FINCast Ep. 40 – 21st Century Financial Warfare: Technology, Economy, & National Security

K2 Integrity on

With global economic alliances shifting and new threats emerging, will the U.S. maintain its dominance in an increasingly complex world? From cryptocurrency to chips to cyberterrorist threats, the battle for global...more

Dechert LLP

SEC Offers More Flexibility in Private Fundraising

Dechert LLP on

For a decade, SEC rules have permitted general solicitation in private offerings. However, this flexibility has been underutilized as a result of restrictive SEC guidance on verifying accredited investor status. New SEC...more

Cooley LLP

SEC Staff Takes Steps to Allow Funds to More Comfortably Fundraise Under Rule 506(c)

Cooley LLP on

On March 12, 2025, staff from the Securities and Exchange Commission (SEC staff) issued new guidance regarding Rule 506(c) of Regulation D under the Securities Act of 1933 (Securities Act). We expect that such guidance will...more

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