News & Analysis as of

Securities Coronavirus/COVID-19

Cornerstone Research

Securities Class Action Filing Activity Increased Slightly in 2023, Reversing Recent Years’ Declines

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The number of securities class action lawsuits increased slightly in 2023, reversing the trend of decline over the last three consecutive years, according to a report released today by Cornerstone Research and the Stanford...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Dechert LLP

Securities and Derivative Litigation: Quarterly Update - May 2023

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In this edition of Dechert’s Securities & Derivative Litigation Quarterly Update, we: Examine the first criminal insider trading prosecution based on a 10b5-1 trading plan;...more

McDermott Will & Emery

Weekly IRS Roundup March 13 – March 17, 2023

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Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 13, 2023 – March 17, 2023...more

Seward & Kissel LLP

Rescue Binancing, Bankman-Fraud? New Cases on the Block

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SEC files objection to Binance.US bid for Voyager assets | Cointelegraph - The SEC has confirmed that they are objecting Binance.US’ move to acquire over $1B in assets belonging to the now defunct cryptocurrency lending...more

Bradley Arant Boult Cummings LLP

Securities and Exchange Commission Announces FY 2022 Enforcement Results

On November 15, 2022, the Securities and Exchange Commission announced the results of its Division of Enforcement activity for the 2022 fiscal year. Actions speak louder than words and—while the Commission issued several...more

Whitman Legal Solutions, LLC

Real Estate Continued to Favor Rule 506(b) Offerings During the Pandemic

Under the Securities Act of 1933 (1933 Act), all securities offerings must be registered with the SEC unless there is an exemption. Registering securities is a costly and time-consuming process requiring SEC review and...more

Bennett Jones LLP

CSA Guidance on Improving COVID-19 Disclosures

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On February 25, 2021, the Canadian Securities Administrators (CSA) published Staff Notice 51-362 – Staff Review of COVID-19 Disclosures and Guide for Disclosure Improvements. The CSA notice details the results of a recently...more

Bennett Jones LLP

CSA Continuous Disclosure Review Program Highlights Common Disclosure Deficiencies

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On October 29, 2020, the Canadian Securities Administrators (CSA) issued Multilateral Staff Notice 51-361 for the fiscal years ended March 31, 2020, and 2019. The notice is part of the CSA's continuous disclosure review...more

A&O Shearman

European Commission Sets out Capital Markets Union Action Plan

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The European Commission has published a Communication to EU bodies on its Capital Markets Union Action Plan. The CMU is an EU initiative which aims to enhance and further integrate the capital markets of EU Member States. An...more

A&O Shearman

EU Considering Further Delaying Securities Settlement Discipline Rules to 2022

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The European Securities and Markets Authority has announced that it is preparing new Regulatory Technical Standards to further postpone the securities settlement discipline rules under the Central Securities Depositories...more

White & Case LLP

Loan activity evolves in Latin America

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Latin American loan issuance has felt the effects of COVID-19 disruptions, but lenders have remained open for business as borrowers turn to bilateral loan revolving credit facilities for liquidity. Loan markets in Latin...more

Allen Matkins

DBO Reports Post-Pandemic Spike In Consumer Complaints, Calls and Inquiries

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The California Department of Business Oversight announced last week that it has experienced a dramatic increase in consumer complaints, calls and inquiries following the onset of the Covid-19 pandemic.  According to the...more

Lewitt Hackman

FRANCHISOR 101: COVID-19 vs. Item 19

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Item 19 of the Franchise Disclosure Document (FDD) can provide information on how a prospective franchisee may perform financially. Historical financial performance representations (FPRs) may be made if the franchisor has a...more

A&O Shearman

International Organization of Securities Commissions Publishes Statement on COVID-19 Disclosure for Issuers

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The International Organization of Securities Commissions, the international policy forum for securities regulators, has published a statement on the disclosure standards that securities issuers should adhere to in the context...more

Vinson & Elkins LLP

Thoughts For Boards Navigating In Turbulent Conditions

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A board of directors’ vision and leadership becomes particularly vital during times of distress. While day-to-day operations rest with management, both fiduciary duty law and sound corporate governance practices call for the...more

White & Case LLP

Leveraged Loan Update: Millennium Court Decision Confirms Syndicated Loans Are (Still) Not Securities

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The Bottom Line: On May 22, 2020, the United States District Court for the Southern District of New York concluded that broadly syndicated term loans are not "securities". This decision is highly significant to the US...more

Dechert LLP

Some Good News for the Loan Industry—Loans Are Not Securities

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Although the loan industry has long looked at loans as being obligations that arise in a commercial lending relationship, which are therefore not securities under Federal and state securities laws, the law supporting this...more

Fox Rothschild LLP

Blurred Lines Between Public And Private Trading Information During The COVID-19 Pandemic

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COVID-19 has transformed the financial market, prompting increased oversight of insider trading. While not all insider trading is illegal, illegal insider trading refers to buying or selling a security, in breach of a...more

Foley & Lardner LLP

Issuers and Conduit Borrowers of Municipal Securities: Don’t Neglect Your Continuing Disclosure Obligations Under Rule 15c-2-12...

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The U.S. Securities and Exchange Commission’s (the “SEC”) Rule 15c2-12 (the “Rule”) requires an underwriter in a primary offering of certain municipal securities to reasonably determine that an issuer or obligated person (as...more

Snell & Wilmer

Temporary Relief From Certain Shareholder Approval Requirements for NASDAQ-Listed Companies Affected by COVID-19 Pandemic

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NASDAQ continues to propose and enact temporary rules to provide relief to the NASDAQ-listed companies affected by the COVID-19 pandemic and the resulting market uncertainty. To streamline such companies’ access to capital,...more

ArentFox Schiff

DC Council Expands COVID-19 Relief for Borrowers and Tenants

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As we noted previously, on April 7, 2020, the Council of the District of Columbia (the “Council”) unanimously passed the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (the “COVID-19 Supplemental Act”). This...more

A&O Shearman

US States Regulatory Responses to the COVID-19 Pandemic

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On April 16, 2020, the North American Securities Administrators Association (NASAA) released a chart detailing each state’s regulatory response to the COVID-19 pandemic. While the Securities and Exchange Commission (SEC) has...more

Tonkon Torp LLP

Tips On Looking For Funding For Your Cannabis Company

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Funding a business with startup or growth capital is a universal challenge, but cannabis businesses face at least one unique hurdle in the continuing federal illegality of the industry. Aside from the difficulty in accessing...more

Skadden, Arps, Slate, Meagher & Flom LLP

French Government Renews Ban on Net Short Positions in Response to the Impact of COVID-19 on French Financial Markets

To mitigate the risks faced by French financial markets during this unprecedented period of disruption caused by the COVID-19 pandemic, the French Financial Markets Authority (AMF) announced on April 15, 2020, that it will...more

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