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K&L Gates LLP

President Trump Issues Executive Order Limiting Stock Buybacks and Dividends for Defense Contractors

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On 7 January 2025, President Donald Trump issued an executive order (EO) aimed at limiting and preventing certain large defense contractors from conducting stock buybacks, issuing dividends, and awarding executive...more

Haynes Boone

Reminder of Annual Reporting and IRS Filings for ISO Exercises and ESPP Stock Transfers

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Employers sponsoring equity incentive plans or tax-qualified employee stock purchase plans (“ESPP”) must fulfill certain year-end information reporting requirements under Section 6039 of the Code with respect to company stock...more

Mayer Brown Free Writings + Perspectives

Staff Report from the Office of the Advocate for Small Business Capital Formation: Part II

IPOs and Small Public Companies As we noted in our prior post, the Office of the Advocate for Small Business Capital Formation recently issued its Staff Report for fiscal year 2025, which provides information on the Office’s...more

Morgan Lewis

Nasdaq Expands Discretionary Authority to Deny Initial Listings Based on Manipulation Risk

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Effective December 19, 2025, Nasdaq Rule IM-5101-3 introduces a risk-based framework permitting Nasdaq to deny initial listings based on perceived susceptibility to manipulation, including risks arising from third-party...more

Orrick, Herrington & Sutcliffe LLP

Risk and Reward: How Starting Your Business as an LLC Could Impact QSBS Tax Savings (UPDATE)

As a founder, deciding whether to organize your business as a corporation or a limited liability company (LLC) is a crucial first step. Corporations are often favored for their ability to attract venture capital and offer...more

Pillsbury - Global Trade & Sanctions Law

Taking a Closer Look at the COINS Act

The Fiscal Year 2026 National Defense Authorization Act, signed into law on December 18, 2025, includes the Comprehensive Outbound Investment National Security Act of 2025 (COINS Act), which establishes a statutory framework...more

Hogan Lovells

Foreign private issuer directors and officers now subject to Exchange Act Section 16(a)

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On December 18, 2025, President Trump signed into law the Holding Foreign Insiders Accountable Act (the Act), which amends Section 16(a) of the Securities Exchange Act of 1934 to require directors and officers of publicly...more

Goldberg Segalla

SEC Clarifies Custody of Crypto Assets by Broker-Dealers

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The United States Securities and Exchange Commission (SEC) on Dec. 17 issued a statement noting its position on the applicability of Rule 15c3-3 regarding broker-dealers that hold crypto asset securities, including such...more

Cooley LLP

New Short Position Reporting Requirements: Initial Filings Due February 17, 2026

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Institutional investment managers, including venture and private equity funds and other institutional investors, that engage in the short selling of equity securities should be mindful of the Securities and Exchange...more

DLA Piper

Updating Form 10-K for fiscal year 2025 and other annual reporting

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Now that 2026 has begun, United States public companies with a December 31 fiscal year-end will be working to prepare their annual reports on Form 10-K for filing with the US Securities and Exchange Commission (SEC). ...more

FBT Gibbons LLP

After Ninth Circuit’s SB 261 Oral Argument: Where First Amendment Line May Land for Climate-Risk Disclosure

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On January 9, 2026, the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Chamber of Commerce of the United States of America, et al. v. Sanchez, No. 25-5327 (9th Cir.), challenging California’s climate...more

Bressler, Amery & Ross, P.C.

FINRA Proposes Rule Changes Designed to Help Member Firms Combat Financial Exploitation of Seniors and Other Investors

On January 8, 2026, FINRA issued Regulatory Notice 26-02 announcing proposals for a new rule and revisions to two existing rules. FINRA seeks to revise Rule 4512’s provisions regarding trusted contact persons, to increase...more

American Lending Center

ALC’s 2026 EB-5 Market Outlook: Top 10 EB-5 Trends You Can’t Ignore

The EB-5 market is set for another milestone year in 2026, and the American Lending Center (ALC) is continuing our focus on Immigrant First Investing....more

Katten Muchin Rosenman LLP

Defining Small: SEC Proposal Could Shift Regulatory Burdens for Advisers and Investment Companies

On January 7, the Securities and Exchange Commission (SEC) proposed amendments (the Proposal) to raise the small entity thresholds for purposes of the Regulatory Flexibility Act (RFA) for investment companies and advisers....more

White & Case LLP

Key considerations for the 2026 annual reporting and proxy season: your upcoming Form 20-F and other FPI-specific considerations

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This memorandum outlines key considerations from White & Case’s Public Company Advisory Group for foreign private issuers (“FPIs’”) during the 2026 annual reporting season, divided into two sections: Form 20-F art I: Top...more

McDermott Will & Schulte

Defense contractors face ban on stock buybacks and dividends

On January 7, 2026, the White House issued a sweeping new executive order (EO) titled “Prioritizing the Warfighter In Defense Contracting.” It declares, “Effective immediately, [underperforming defense contractors] are not...more

Cooley LLP

The SEC (Broadly) Solicits Comment on the Entirety of Regulation S-K

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Yesterday, SEC Chairman Paul Atkins issued this statement soliciting comments on the entirety of Regulation S-K, “with the goal of revising the requirements to focus on eliciting disclosure of material information and avoid...more

Skadden, Arps, Slate, Meagher & Flom LLP

Capacity Over Dividends: Prioritizing the Warfighter in Defense Contracting

On January 7, 2026, President Donald Trump issued a new executive order (EO) aimed at realigning defense contractors’ incentives to prioritize domestic investment, timely delivery and quality over investor returns....more

Cooley LLP

Year-End Reporting for ISO Exercises and ESPP Stock Transfers - January 2026

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This alert serves as a reminder of certain year-end reporting requirements imposed under Section 6039 of the Internal Revenue Code (IRC) of 1986, as amended, with respect to: Incentive stock option (ISO) exercises by current...more

Bressler, Amery & Ross, P.C.

FINRA Acceleration of Arbitration Proceedings forQualifying Parties Update

Introduction In August 2025, the Financial Industry Regulatory Authority Dispute Resolution Services (“FINRA DRS”) amended certain Rules related to the length of processing arbitration proceedings....more

Herbert Smith Freehills Kramer

Asia private capital: fourth-quarter data and trends

Asia private capital dealmaking defies global uncertainties - We started 2025 by predicting that, after a subdued first quarter, data suggested an imminent uptick in the M&A and exit markets. That optimism proved to be...more

Bradley Arant Boult Cummings LLP

Why Your 401(k) Plan May Want to Retain an Investment Manager

The recent decision in Wanek v. Russell Investments demonstrates how retaining a 3(38) investment manager--selected through a well-documented process--may help limit an employer’s liability under its 401(k) plan....more

Carlton Fields

SEC Rearranges Score for Declaring Registrations Effective - Acceleration Now in Harmony With Mandatory Arbitration

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Under its current leadership, the SEC has emphasized capital formation as a key priority. Consistent with that focus, on September 17, 2025, the SEC issued a policy statement clarifying that the presence of mandatory investor...more

Morrison & Foerster LLP

U.S. SEC Staff Issues Long-Awaited Crypto Asset Securities Guidance for Carrying Broker-Dealers

Overview of the SEC Staff Guidance- On December 17, 2025, the staff of the SEC’s Division of Trading and Markets (the, “Staff”) issued a statement, expressly limited in scope, regarding how broker-dealers that carry...more

Goodwin

Life Sciences Capital Markets: Preparing for Your 2026 IPO

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The life sciences industry is poised for an upswing in initial public offering (IPO) activity in 2026, supported by a large IPO backlog, the strong performance of biotech market indices, and positive capital markets signals...more

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