Violators of various laws enforced by the Securities and Exchange Commission long have been subjected to in effect a trial on the merits of alleged violations conducted by judges working within the SEC itself. And indeed the whole systems always … Continue reading
Category Archives: The Law
The State of California garnered great praise a couple of years ago for advancing the cause of diversity on boards of business corporations by requiring public companies with a principal office in California to include specific numbers of minority community … Continue reading
Every employee knows that it owes a duty of loyalty to an employer, must abide by agreements with an employer (in non-com0petition, provided Massachusetts law is observed), and certainly that an employee cannot steal the files, secrets and data of … Continue reading
After months of SEC warnings that SPAC regulation was coming, and after numerous SPAC deals lost investor value post-deal, the SEC has proposed rules (subject to comment and amendment) that are a combination of traditional SEC disclosure requirements and imposition … Continue reading
Massachusetts Secretary of State Galvin, who supervises the State Securities Division that in turn oversees investment markets and professionals, long has been diligent in pushing the limits of his power to protect the retail investor. In March of 2020, his … Continue reading
The SEC announced last week proposed new climate disclosure requirements for public companies which are sweeping to the point of panicking management and disclosure professionals. No doubt during the public comment period there will be many calls to cut back … Continue reading
Those tuning into the numerous webinars offered by investment advisors and other organizations, and those reading the serious press, have been made aware of the fear of Russian cyber attacks in the context of the Ukrainian invasion. Those following US … Continue reading
Last week the SEC advised a meeting of institutional investors that by April it will issue for public comment rules to facilitate submission by shareholders of proposals to be considered at annual meetings, and promised to strengthen disclosure requirements about … Continue reading
To use the most efficient exemption from SEC registration in the sale of company shares, Regulation D, purchasers generally must meet the definition of “accredited investor.” In the waning days of the Trump-Republican SEC, the definition of “accredited investor” was … Continue reading
Unicorns are huge companies, often with many shareholders, whose securities are not registered with the SEC. They have been privately financed by sophisticated investors, have never done an IPO, and do not have over 2000 shareholders (which would require them … Continue reading