On Self-Funding and the SEC
This has been the week of scandals. With political forces, lobbyist and lots of deep pockets, our government is a breeding ground for scandals. The SEC has certainly not been immune. Full Story
SEC
SEC and CFTC Red Flag Rules Become Effective May 20, 2013
The Securities and Exchange Commission and the Commodity Futures Trading Commission have adopted rules that require most broker-dealers, mutual funds, investment advisers, and certain other regulated entities to create programs to prevent identity theft. Full Story
Reporting Under the Conflict Mineral Rules
The term “conflict minerals” has become important in the public company world. Conflict minerals are cassiterite (tin), columbite-tantalite, gold, wolframite (tungsten), or their derivatives. Full Story
Company Stock Fund Litigation – the SPD and Prospectus
401(k) Plans Not Exempt. Normally, retirement and 401(k) plans are exempt from the rules governing the sale of securities. But when the plan allows participants to direct contributions into a company stock fund, the company must comply with ERISA as well as the laws governing the sale of securities. Full Story
May 1, 2013: SEC and CFTC Red Flag Rules Become Effective May 20, 2013
The Securities and Exchange Commission and the Commodity Futures Trading Commission have adopted rules that require most broker-dealers, mutual funds, investment advisers, and certain other regulated entities to create programs to prevent identity theft. Full Story
During Testimony On SEC’s Budget, Mary Jo White Comments On "No Admit, No Deny" Policy
In testimony to the House Appropriations Committee, recently appointed SEC Chairman Mary Jo White stated that she continues to support the SEC’s practice of settling cases without requiring defendants to admit wrongdoing. Full Story
Law360 Quotes Steve Pearlman On SEC Whistleblower Program
In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the “controversy” surrounding the requirement some employers impose upon employees to report misconduct internally. Full Story
SEC Roundtable Discusses Current Securities Law Topics at 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute
On May 2, Lona Nallengara and Shelley E. Parratt, the acting director and the deputy director, respectively, of the Securities and Exchange Commission’s Division of Corporation Finance, participated in a roundtable discussion of current securities law topics, including recent and pending SEC rulemaking, at the 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute. Full Story
SEC Reopening Comment Periods for Certain Rulemaking Releases and Policy Statement Applicable to Security-Based Swaps
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, regulatory authority over derivatives is divided between the Securities and Exchange Commission and the Commodity Futures Trading Commission. Full Story
Social Media As a Disclosure Channel – Slow but Steady
Public companies are beginning to cautiously adopt social media as a disclosure channel. This area has experienced substantial changes lately as the SEC moved from a posture of threatening action against Netflix’s CEO for a post he made on his personal Facebook page to adopting a more relaxed and expansive position. Full Story
