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Investors Securities and Exchange Commission (SEC)

Jenner & Block

SEC Reverses Position on Mandatory Arbitration Clauses in IPOs

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On September 17, 2025, the US Securities and Exchange Commission (SEC) approved a policy statement (the Statement) that allows companies to include mandatory arbitration clauses in their governing documents for investor...more

White & Case LLP

SEC Chairman Announces Reforms to Wells Process and Settlement Procedures

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On October 7, 2025, U.S. Securities and Exchange Commission ("SEC" or "Commission") Chairman Paul S. Atkins announced procedural reforms aimed at enhancing fairness and transparency in the agency's enforcement program....more

Morgan Lewis

SEC Issues Policy Statement Permitting Arbitration Clauses in Registration Statements

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The US Securities and Exchange Commission’s recent policy statement, Acceleration of Effectiveness of Registration Statements of Issuers with Certain Mandatory Arbitration Provisions, indicated that, in the Commission’s view,...more

Woodruff Sawyer

Quarterly or Biannual Reporting? Weighing the Trade-Offs for Public Companies

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Directors and officers are no strangers to consequential decisions—where to incorporate, how to pursue growth, how far to go on ESG disclosures. Each choice shapes the company’s relationship with investors....more

Procopio, Cory, Hargreaves & Savitch LLP

SEC Shifts Policy on Issuer-Investor Arbitration: What’s Next?

Public companies and their in-house counsel should take note of a recent policy statement from the U.S. Securities and Exchange Commission (SEC) related to arbitration clauses. On September 17, 2025, the SEC confirmed that...more

Vinson & Elkins LLP

[Hybrid Event] Fifth Annual Navigating the Annual Meeting and Reporting Season - November 12th, Houston, TX

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In this program, our panelists will provide a comprehensive examination of recent SEC developments that shape—and the practical considerations that inform—the preparation of public companies’ annual reports and annual...more

Morris, Manning & Martin, LLP

U.S. House of Representatives Passes Additional Bill to Expand Accredited Investor Definition

On July 21, 2025, the U.S. House of Representatives passed the Equal Opportunity for All Investors Act of 2025 (the Act). The Act proposes to revise the definition of “accredited investor” in Rule 501(a) of Regulation D under...more

A&O Shearman

Fifth Circuit Securities Litigation Quarterly - Q3 2025

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Welcome to the Q3 2025 edition of A&O Shearman’s Fifth Circuit Securities Litigation Quarterly. As public companies and financial institutions continue to migrate to Texas, our Texas-based securities litigation team continues...more

DLA Piper

Key Capital Market Trends: Digital Asset Treasuries

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US public companies increasingly embrace digital assets as part of their corporate treasury strategies. Known as digital asset treasury (DAT) companies, these public companies, at the core of their revamped business model,...more

Mayer Brown Free Writings + Perspectives

Understanding the Requirements Related to the Use of Non-GAAP Financial Measures

The use of non-GAAP financial measures by public companies continues to be a focus of attention for the U.S. Securities and Exchange Commission (“SEC”). In the last two decades, the SEC has observed the increased prevalence...more

Herbert Smith Freehills Kramer

SEC Issues Policy Statement on Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or Commission) issued a policy statement clarifying that its decision whether to accelerate the effectiveness of a registration statement for a...more

Fenwick & West LLP

The U.S. Government Has Shut Down: Here’s What Public Companies Should be Thinking About

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The U.S. federal government officially shut down on October 1, 2025, as lawmakers failed to reach an agreement on federal spending. Many government workers will be on furlough for so long as the shutdown continues, which will...more

Vinson & Elkins LLP

Texas Stock Exchange Receives SEC Approval

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The Texas Stock Exchange (TXSE), based in Dallas, Texas, has received approval from the Securities and Exchange Commission to operate as an exchange, with plans to begin listing shares in 2026. TXSE was created to reduce...more

Bressler, Amery & Ross, P.C.

SEC Enforcement: Chair Atkins Revitalizes Opportunity for Simultaneous Consideration of Waiver Requests

Certain enforcement measures or findings associated with violations of securities laws constitute “disqualifying events.” Parties subject to a “disqualifying event” are commonly referred to a “bad actors” and are...more

A&O Shearman

SEC Restores Practice of Considering Settlement Offers Conditioned on the Issuance of Collateral Consequence Waivers

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On September 26, 2025, Securities and Exchange Commission (“SEC” or the “Commission”) Chairman Paul Atkins issued a Statement on Simultaneous Commission Consideration of Settlement Offers and Related Requests (the “Public...more

Ballard Spahr LLP

SEC Reverses Stance, Allows Companies to Mandate Arbitration for Investor Claims

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Last week, the Securities and Exchange Commission (SEC) issued a new policy statement allowing companies to include in their organizational documents arbitration provisions that would require investor claims arising under the...more

Paul Hastings LLP

Congress Encourages Retirement Access to Alternative Assets, Treasury Launches Stablecoin Rulemaking and US–UK Taskforce Announced

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Last week’s developments highlight continued momentum in digital asset and financial innovation policy across Congress and federal agencies. On Capitol Hill, House lawmakers encouraged the SEC to support implementation of the...more

Morrison & Foerster LLP

Occasional Activists and the Evolving Landscape of Shareholder Activism in 2025

In our previous client alert, Occasional Activists: Shaping Corporate Governance in 2024, we discussed the trend through H1 2024 of increased “occasional activism”—shareholder activism by investors who are not dedicated...more

Goodwin

SEC Announces Open Meeting to Consider Policy on Mandatory Arbitration Provisions

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On September 10, 2025, the SEC announced that an open meeting will be held on September 17, 2025 and the agenda items include: There has been a long-standing debate over whether public companies should be permitted to require...more

Troutman Pepper Locke

SEC Takes Official Position on Inclusion of Issuer-Investor Mandatory Arbitration Provisions for IPOs

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In a policy statement issued by the Securities and Exchange Commission (SEC) on September 17, 2025, the agency announced that companies seeking to go public will be permitted to include an issuer-investor mandatory...more

Latham & Watkins LLP

LathamTECH in Focus: Are Tokenized Securities Different From Traditional Securities?

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In this episode of LathamTECH in Focus, Zach Fallon, a former Senior Special Counsel at the SEC, examines the intersection of tokenized securities with securities laws and the opportunities tokenization can unlock for...more

Paul Hastings LLP

SEC Issues Policy Statement on Mandatory Arbitration Provisions in Governing Documents

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On Sept. 17, the Securities and Exchange Commission (SEC) issued a Policy Statement stating that the SEC would henceforth declare effective registration statements of companies that provide for mandatory arbitration of...more

Foley & Lardner LLP

There’s a New Sheriff/Judge in Town: The SEC’s New Enforcement Director

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On August 21, 2025, the U.S. Securities and Exchange Commission (SEC or the “Commission”) announced that Judge Margaret “Meg” Ryan was named Director of the Division of Enforcement, effective September 2, 2025. Despite the...more

Nelson Mullins Riley & Scarborough LLP

Blame FDR, not Atkins, for the SEC’s Policy Statement on Arbitration Provisions

The question that the Commission addressed on September 17, 2025, was whether, when being requested to accelerate the effectiveness of a registration statement, the Commission staff would consider the existence of an...more

White & Case LLP

SEC Policy Statement: Clarifies That Mandatory Arbitration Provisions Will Not Affect Effectiveness of Registration Statements

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On September 17, 2025, the US Securities and Exchange Commission published a policy statement, announcing that decisions by the SEC about whether to accelerate the effectiveness of a registration statement will not be...more

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