The SEC has just issued guidance requiring public companies to place on the agenda for shareholder meetings matters of general social importance even if they do not create material business impact on the registrant’s business. This action is in furtherance … Continue reading
Stephen Honig
The Federal watchdog agency of first resort for anti-trust issues is the Federal Trade Commission, and the FTC is becoming a political battleground as the Democratic majority peels back liberalizations from the Trump era. The most recent skirmish involves the … Continue reading
The law is pretty clear today; persons within a public company cannot trade on material inside information, and their tippees cannot either, in virtually all cases. But what about someone who does not fall in one of those categories, who … Continue reading
When is public company management held liable when it issues incorrect financial statements? Enter the Second Circuit’s Monday decision in the Kandi Technologies Group case, wherein the US District Court in New York threw out an investor suit against Kandi … Continue reading
In late September, the SEC published a form letter containing issues they intend to raise re climate risk in public company disclosure documents. The Commission suggests it might propound questions concerning: transition risks due to climate change impacting business, finance, … Continue reading
I just walked up the hill to my house in Newton, Massachusetts, after watching the Boston Marathon participants run, walk, wheel and stagger past the foot of my street at mile 16. It was a strange sight to see so … Continue reading
The future for US companies will be marked by increasing consumer demands, temporary disruption of supply chains, difficulty in hiring and retaining employees, a retreat from inflation, acceleration in the use of technology, and a growing focus by companies in … Continue reading
GF Data Resources issues a quarterly report on deal terms for Private Equity acquisitions which is a gold-mine of market information. Trends noted in the Q-2 2021 report: PE firms are using warranty and representation insurance almost 60% of the … Continue reading
When a company goes public with an Initial Public Offering, it has long been the practice that underwriters require major (sometimes all) prior shareholders to agree not to trade their shares into the public marketplace for 180 days. This “lock-up” … Continue reading
On July 9, the President by executive order directed government agencies to bolster competition through stricter analysis under the anti-trust laws. On the 15th of September, the FTC, by 3-2 party vote, rescinded vertical merger guidelines adopted under the Trump … Continue reading