Just a reminder that we have put together this “Shareholder Engagement” Guide. Check it out to help you prepare for this proxy season. It covers these nine topics:1. How to Ensure Those on Your Engagement Team Will Stay
Financial
Are You Behind the MD&A Update Curve?
In November 2020 the SEC made several changes to the MD&A requirements in Regulation S-K Item 303. While many of the changes dealt with “modernization” clarifications and related details, others were more substantive in nature. Unfortunately, many companies did not implement…
NERA: Securities Suit Filings Declined in 2022 for the Fourth Consecutive Year
Largely due to the decline in the numbers of merger objection class action lawsuit filings and a decline in the number of Rule 10b-5 filings, the number of new federal court securities class action lawsuit filings declined in 2022 for…
Important amendments to the Trust Property Control Act
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Amendment Act), published in the Government Gazette on 29 December 2022, makes key amendments to the Trust Property Control Act, 1988.
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Tenth Circuit dismisses FDCPA claim for lack of standing where third party mail vendor sent collection letters
The U.S. Court of Appeals for the Tenth Circuit recently joined the Eleventh Circuit (and a growing majority of courts) in rejecting the “Hunstein theory” of liability under the Fair Debt Collection Practices Act (FDCPA). In Shields v. Professional Bureau…
Bank trade groups seek more time to comment on FDIC proposed signage and advertising rule
In a letter sent earlier this month, the Bank Policy Institute, the American Bankers Association and the Independent Community Bankers of America (the “trade groups”) have asked the FDIC for more time to comment on the agency’s proposal, published…
FCA provides further update on ancillary activities exemption for commodity derivatives
ESMA preliminary data report on the introduction of the market correction mechanism
On 23 January 2023, the European Securities and Markets Authority (ESMA) published a letter that it had sent to Mairead McGuinness, Commissioner in charge of Financial Stability, Financial Services and Capital Markets Union regarding the newly established market correction mechanism…
Insurance indemnity denied because insured withheld material financial information (US)
The insured sought loss of hire coverage from various US and London insurers claiming in part that its factory processing vessel was unable to process fish in Alaska because of engine damage. The court held that the insured had breached…
Monthly wrap up: France
In our latest monthly wrap up we highlight some of the key regulatory papers published by the Autorité Des Marchés Financiers (AMF) and the Autorité de Contrôle Prudentiel et de Résolution (ACPR) during the period 3 November to 10 January…