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Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: November 14, 2024

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After a relatively quiet October for Web3 legal developments, November has kicked off with significant activity, primarily centered around ongoing lawsuits and regulatory enforcement actions. In addition to these legal...more

Cooley LLP

10th Circuit Rejects Scheme Liability Claim, Finds Presumption of Reliance Rebutted on the Pleadings – A Significant Cooley Win

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On October 15, 2024, the US Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of all claims in In re Overstock Securities Litigation. In doing so, the Tenth Circuit decided an issue of first...more

Goodwin

What Is the Typical Life Cycle of a Closed-End Fund?

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Investors in closed-end funds make a commitment for the duration of a fund’s life cycle — known as the fund’s term — with liquidity available only through sale of assets, secondary transactions, or fund liquidation. Investors...more

Cooley LLP

A New Presidential Administration? Top Five Impacts in Our Space

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With the US election now over, there are a host of outlets out there speculating about what the result means for the world. For our corporate governance and securities space, here are my five quick takes about what the new...more

Foley Hoag LLP - Public Companies & the Law

EDGAR Next: What Filers Need to Know About Recent Changes

On September 27, 2024, the SEC adopted amendments to the rules governing access to and management of its filing portal, the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system. The changes seek to improve the...more

White & Case LLP

SEC Will Prioritize AI, Cybersecurity, and Crypto in its 2025 Examination Priorities

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On October 21, 2024, the US Securities and Exchange Commission ("SEC") Division of Examinations ("Examination Division") announced its 2025 Examination Priorities ("Report"). Investment advisers and broker-dealers should...more

Woodruff Sawyer

When Friendships Cross the Line: The SEC’s Stand on Director Conflicts

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Corporate boards continue to find themselves the subject of scrutiny by plaintiffs’ attorneys alleging violations of fiduciary duties—specifically as a function of a lack of independence—after a significant board decision....more

A&O Shearman

European Securities and Markets Authority Consults on Amendments to Markets in Financial Instruments Directive Research Regime

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The European Securities and Markets Authority has published a consultation on amendments to the research provisions in the revised Markets in Financial Instruments Directive following changes introduced by the Listing Act....more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Approves Nasdaq Rule Change on Reverse Stock Splits and Minimum Bid Price Compliance Periods; NYSE Proposes a Similar Rule...

On October 7, 2024, the Securities and Exchange Commission (SEC) approved a rule change proposed by The Nasdaq Stock Market LLC that impacts companies utilizing reverse stock splits to regain compliance with Nasdaq’s minimum...more

Cooley LLP

Public Companies Update – October 2024 One-Minute Reads

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SEC adopts EDGAR Next - As outlined in this October 22 Cooley alert, the Securities and Exchange Commission (SEC) adopted final rules implementing EDGAR Next on September 27, 2024, which will change the way constituents...more

Orrick, Herrington & Sutcliffe LLP

FINRA issues $1.4 million fine and censures member firm

Recently, FINRA accepted a Letter of Acceptance, Waiver, and Consent (AWC) issued by a large New York-based member firm with a general securities business. The AWC addressed allegations that the firm failed to collect initial...more

BakerHostetler

[Podcast] Estate and Tax Planning for Globally Mobile Clients: Non-U.S. Persons Investing in U.S. Capital Markets

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Non-Americans who wish to purchase U.S. stocks and other financial assets should be aware of the tax consequences of investing here. George McCormick discusses this issue and more....more

Ropes & Gray LLP

[Podcast] Culture & Compliance Chronicles: Innovative Compliance Strategies with Katie Daniels

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On this episode of Culture & Compliance Chronicles, Amanda Raad and Nitish Upadhyaya from Ropes & Gray’s Insights Lab, and Richard Bistrong of Front-Line Anti-Bribery, are joined by Katie Daniels, managing director and head...more

Lowenstein Sandler LLP

SEC’s 2025 Examination Priorities for Investment Advisers

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On October 21, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (the Division) released its annual Examination Priorities for fiscal year 2025 (the Report). The Report identifies certain...more

Wilson Sonsini Goodrich & Rosati

The New National Security Rules for Investing U.S. Capital

A Guide to the New Diligence Questions for “Outbound” U.S. Investment - In late October 2024, the U.S. Treasury Department (Treasury) issued its final rules (the Outbound Rules) implementing President Biden’s Executive...more

Goodwin

Trends in Equity Repurchasing in PE: Rollover vs. Incentive Equity

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Private equity (PE) sponsors often provide incentives to founders, equity holders, employees, directors, and officers of portfolio companies in the form of rollover equity or incentive equity to align their interests with...more

Vinson & Elkins LLP

SEC Charges Invesco Advisers for Making Misleading ESG Claims

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On November 8, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced a settled enforcement action (the “SEC Order”) against Invesco Advisers, Inc. (“Invesco”), an investment advisory firm, for making misleading...more

Seward & Kissel LLP

Update on Nasdaq and NYSE Rulemaking to Curb Excessive Reverse Stock Splits

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Nasdaq Adopts Rules Modifying Delisting Process for Securities Failing to Maintain Compliance with Minimum Bid Price Requirement - As we previously reported, in August of 2024 the Nasdaq Stock Market LLC (“Nasdaq”)...more

Dechert LLP

Delaware Court of Chancery Rules No Supermajority for Nevada Reincorporation

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Court of Chancery rejects claim that certificate of incorporation of a Delaware corporation requires supermajority vote for conversion to a Nevada corporation. Court holds that certificate provision requiring...more

Paul Hastings LLP

Daily Financial Regulation Update -- Thursday November 14

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November 13, 2024 - Assistant Secretary for Economic Policy Eric Van Nostrand gave remarks on U.S. business investment in the post-COVID expansion. November 13, 2024 - The Office of Financial Research published a brief...more

King & Spalding

What Does a Second Trump Administration Mean for the Private Funds Industry?

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The incoming Trump administration will bring significant changes to regulatory policy as it relates to the asset management industry, and private funds, in particular...more

Proskauer - Regulatory & Compliance

ESMA Guidelines on Fund Names

The recent ESMA Final Report on the Guidelines for funds’ names using ESG or sustainability-related terms (the “Guidelines”) marks a critical moment for asset managers. These Guidelines aim to clarify when the use of ESG or...more

Dechert LLP

Securities and Derivative Litigation: Quarterly Update - November 2024

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Highlight the steady pace of filings for artificial intelligence-related securities class actions; Review a flurry of decisions from the Delaware Court of Chancery suggesting that Caremark liability requires more than...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: 5 Keys to Compliance Communication

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

Daily Compliance News: November 14, 2024 - The Matt Gaetz as AG 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

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