The Business Roundtable has set out a path toward so-called stakeholder capitalism in its highly publicized Statement on the Purpose of a Corporation. There has been a great deal of media...
Articles & Books
International Comparative Legal Guide: Corporate Governance 2019, Twelfth Edition
Davis Polk’s Joe Hall and Betty M. Huber served as contributors for the 12th edition of International Comparative Legal Guide: Corporate Governance 2019, authoring the “ESG in the US...
The U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission and the U.K. Financial Conduct Authority issued a joint statement Monday saying that so-called m...
Articles & Books
The Review of Securities & Commodities Regulation, Vol. 52, No. 12, 2019
The SEC’s digital asset Framework summarizes and extends the traditional Howey analysis for determining when an investable asset is a security. The author suggests that the Framework fo...
The SEC is taking another potential step to ease the reporting burden on smaller companies. Under a rule change proposed May 9, companies with less than $100 million in revenues would not...
On May 3, the SEC proposed changes to the financial disclosure rules for acquisitions and dispositions of businesses, taking a significant step toward easing the reporting burden. The pro...
LIBOR is expected to be phased out by 2021 but US corporates continue to issue LIBOR-based floating-rate notes (FRNs). Although the defined term “LIBOR” in FRN indentures typically in...
Blockchain technology continues to be a lively topic of conversation in legal, business and technology circles. This memo focuses on several key topics for companies considering whether a...
Last week, the SEC staff published new detailed guidance on its views of when a digital asset may be considered a security, in the form of two documents: a guidance “framework” issue...
Following the recent action to modernize and simplify public company disclosure, the SEC issued guidance on the new rules and procedures for filing redacted material contracts. Companies ...