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A&O Shearman

Delaware Court of Chancery finds that stockholder ratification following adverse judgment does not absolve findings of breach of...

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Subsequent to the post-trial opinion by Chancellor McCormick in January 2024, Tesla appointed a new independent director to serve on a newly created independent committee, which issued a report recommending that stockholders...more

A&O Shearman

Personal protection: perk or necessity?

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The shocking murder of Brian Thompson, the Chief Executive Officer of UnitedHealthcare, while walking to an investor meeting in New York City on December 4, 2024, has caused many boards of directors and executive teams to...more

A&O Shearman

EMIR 3 Published in the Official Journal of the European Union

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The EMIR 3 Regulation and Directive have been published in the Official Journal of the European Union and will enter into force on December 24, 2024. The EMIR 3 Regulation amends the European Market Infrastructure Regulation...more

Latham & Watkins LLP

On the Margins: CFTC’s Digital Asset Markets Subcommittee Recommends Expanded Use of Non-Cash Collateral Through Blockchain...

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With appropriate safeguards, distributed ledger technology may expand the use of non-cash assets as derivatives collateral, while mitigating certain market infrastructure inefficiencies....more

BCLP

Nasdaq Concedes Invalidation of Board Diversity Rule by Divided Fifth Circuit en Banc

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On December 11, in a 9-8 ruling, the Fifth Circuit invalidated the SEC’s approval of the Nasdaq board diversity rule in Alliance for Fair Board Recruitment v. SEC. Invoking the “major questions” doctrine, the court ruled the...more

Thomas Fox - Compliance Evangelist

Inspired Choice Today: Navigating Compliance and Cultural Sensitivity with Tom Fox

Caroline Biesalski introduces Tom Fox, who shares his journey to becoming a full-time podcaster, particularly highlighting the impacts of COVID-19 on his career shift. He discusses his unique approach of blending technical...more

Orrick, Herrington & Sutcliffe LLP

SEC Comment Letter Trend: AI-Related Disclosures

SEC officials have declared artificial intelligence (“AI”) “the most transformative technology of our times” while cautioning that “if a public company is using AI, that company has to be honest about the role AI plays in its...more

Cooley LLP

The Latest Proxy Season Stats (& Expectations for ’25)

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Related to today’s webcast – “Hot Governance and Engagement Proxy Tips You Need to Know” – courtesy of Steve Pantina of Proxy Analytics, here are 2024 proxy season stats through the end of November...more

The Volkov Law Group

BIT Mining FCPA Settlement and Lessons Learned (Part III of III)

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Bit Mining, formerly 500.com, was a doomed company from the beginning, When a CEO orchestrates a bribery scheme with the assistance of other senior executives, shareholders and the public have little chance of ensuring a...more

Thomas Fox - Compliance Evangelist

Classroom Insiders, Season 2 – Exploring the Complexities of SEC vs. OBIS and the Misappropriate Theory

Welcome to Season 2 of Classroom Insiders, a podcast with Professor Karen Woody and her Insider Trading Seminar students from Washington and Lee University. They explore the arc and evolution of insider trading over the last...more

Smith Gambrell Russell

Not so Mandatory Arbitration: SEC’s Investor Advisory Committee Examines Regulatory Changes for Registered Investment Advisors

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Introduction On December 10, 2024, the Securities and Exchange Commission’s Investor Advisory Committee hosted a panel to examine the use of mandatory arbitration clauses among SEC-Registered Investment Advisers. The panel...more

Thomas Fox - Compliance Evangelist

All Things Investigations: FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual...more

Mintz

Fifth Circuit Strikes Down Nasdaq “Show or Tell” Diversity Rules

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On December 11, 2024, the Fifth Circuit, in a divided opinion following an en banc hearing, struck down the Nasdaq “show or tell” diversity rules. The Court concluded that the rules, some of which the majority described as a...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: Using AI for Continuous Monitoring

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

Presidential Leadership Lessons- The Rise and Presidency of Calvin Coolidge: An American Success Story

Who are our greatest Presidents? What lessons can the modern-day business leader learn from our 46 Chiefs of State? Welcome to a new season of this award-winning podcast series with Tom Fox and Richard Lummis to delve into...more

Thomas Fox - Compliance Evangelist

Creativity and Compliance – Innovative Compliance Strategies with Jim Webb

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and...more

K&L Gates LLP

Final Rule on Outbound Investments: Implications for Limited Partner Investments

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Introduction - On 28 October 2024, the US Treasury Department issued a Final Rule implementing the Outbound Investment Program (OIP) under Executive Order 14105, which safeguards US national security by limiting investments...more

Morris, Manning & Martin, LLP

Securities & Corporate Governance Q4 2024 Quarterly Newsletter

Morris, Manning & Martin, LLP’s Securities & Corporate Governance Quarterly Newsletter is designed to update public and private company clients on recent developments in federal securities laws and corporate governance...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: December 13, 2024 - The Token Fine Edition

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

Stikeman Elliott LLP

OSC Proposes New Long-Term Asset Fund for Retail Investors

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The Ontario Securities Commission (“OSC”) published for comment a proposed framework (the “Proposal”) to facilitate retail investment in illiquid Long-Term Assets (as defined below) through a new type of prospectus-qualified...more

Mayer Brown

Tips for New Fund Finance Professionals

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EXECUTIVE SUMMARY - In this Legal Update, we provide suggestions for junior finance professionals new to the fund finance market and offer practical suggestions for beginning their careers with a solid foundation....more

Holland & Knight LLP

3 French Hens? No. SEC Presses Enforcement on Insider Trading, Shadow Trading, Reg FD

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The SEC did not take its foot off the pedal in fiscal year (FY) 2024 when it came to prosecuting insider trading. In the third installment of Season's Readings, we consider several recent actions in which the agency secured...more

Blake, Cassels & Graydon LLP

Interdiction d’opérations visant le régime de droits de Bitfarm : le Tribunal des marchés financiers publie ses motifs

Le Tribunal des marchés financiers de l’Ontario (le « Tribunal ») a publié les motifs qui ont motivé sa décision en juillet 2024 d’interdire les opérations à l’égard du régime de droits des actionnaires adopté par Bitfarm...more

Cooley LLP

En banc Fifth Circuit puts the kibosh on the Nasdaq board diversity rules

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In August 2021, the SEC approved a Nasdaq proposal for new listing rules regarding board diversity and disclosure, accompanied by a proposal to provide free access to a board recruiting service. The new listing rules adopted...more

McDermott Will & Emery

The EU Corporate Sustainability Reporting Directive: What Non-EU Multinational Companies Need to Know

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Although political sentiment against mandatory sustainability reporting by business entities has grown in Europe (similar to the anti-ESG backlash in the United States), the European Commission (EC) has not backed down. On...more

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