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
Category Archives: The Law
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 On the 15th of September, the FTC, by 3-2 party vote, rescinded vertical merger guidelines adopted under the Trump … Continue reading
SEC Rules are expected this Spring to affect SPAC offerings; last week the SEC’s Investor Advisory Committee provided the Commission with a list of recommendations for consideration. These recommendations focus primarily on enhanced disclosures: use of financial projections (generally omitted … Continue reading
The SEC is expected this fall to issue Rules restricting the use of so-called Rule 10b5-1 “Plans,” which are used as trading safe harbors by executives and directors of public companies to permit trading even while they may possess material … Continue reading
Corporate America treats DEI as a problem to be fixed, and often relies on DEI training as part of the process. This approach was roundly criticised last week by a panel of corporate experts convened by the New England Chapter … Continue reading
SPACs are under attack in litigation file in New York Federal Court, claiming these entities should be closely regulated as investment companies under the ’40 Act. SPACs typically invest their funds in market securities during they year or more they … Continue reading
The SEC supervises brokers and investment advisers and people in those professions know that periodic compliance visits can get very granular. We all also know that the SEC is deeply interested in protecting the investing public. Latest SEC move: at … Continue reading