We all recall the game Whack-a-Mole. That is what is happening to the SPAC marketplace. Aside from questions in the marketplace as to the advisability of using this model as an investment vehicle or a method of going public, seems … Continue reading
Category Archives: The Law
The Congress, the SEC and NASAA have joined the chorus of investors and ESG-focused funds in seeking much greater disclosure of the entire suite of ESG concerns. A renewed pressure from government is not surprising given the politics of the … Continue reading
On March 15, rules adopted by the SEC during the Trump administration became effective, loosening access to crowd-funding, expanding access to public offerings under less rigorous standards pursuant to SEC’s Regulation A, permitting companies to shift quickly from one financing … Continue reading
The political currents that have roiled US society often are echoed in the policy choices made by the Securities and Exchange Commission. I do not recall a time when partisanship was not part of the SEC culture, and the combination … Continue reading
The significant 2017 Tax Act benefit allowing R&D expenses to be deducted in the year incurred, rather than amortized over many years, terminates for years starting January 1, 2022, unless Congress amends that sunset provision. And for companies which have … Continue reading
President Biden has announced that he will work with Congress to “eliminate all noncompete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets.” In late February, Senators and Representatives introduced a … Continue reading
These past few years have been tidal, in the sense that ideas have become broadly perceived forces that sweep everyone standing on the beach up onto strange shores. This is not to say that the phenomenon is bad — but … Continue reading
Should NASDAQ require disclosure of diversity on boards, or require such diversity? Board diversity is mandated under California law in many instances, and same is true in several European countries. Last December, NASDAQ asked the SEC to approve a rule … Continue reading
The role of corporate boards, and hence of corporations they lead, in addressing America’s growing wealth gap was explored at length by an expert panel convened yesterday by the New England Chapter of the National Association of Corporate Directors. The … Continue reading
Is there anything new that Boards of Directors of companies, large and small, have not already heard? There has been two years of information bombardment: protect only high value assets as you cannot protect everything; what is our largest risk; … Continue reading