At a meeting of the ABA Subcommittee on Securities Regulation last Friday, Tom Kim, Chief Counsel, SEC Division of Corporation Finance, indicated that the SEC’s proposed amendment to Ru...
In a recent Second Circuit decision, Law Debenture Trust Co. of New York v. Maverick Tube Corp and Tenaris S.A., the court rejected the plaintiff’s argument that a reference to “a cla...
New SEC staff guidance published this month indicates a more nuanced and sophisticated view of non-GAAP measures than has tended to apply since Regulation G was enacted in 2003. New Compl...
The SEC staff has issued Staff Legal Bulletin No. 14E which revises its historical positions on the exclusion under Rule 14a-8(i)(7) of shareholder proposals related to risk evaluation an...
FASB’s ratification of new revenue recognition standards on September 23, 2009 means that companies will soon be adopting policies that in many instances will result in significantly ac...
The U.S. IPO market, which has been in the doldrums since 2007, has recently been showing signs of life. We have recently completed several large transactions, and our pipeline of deals i...
Yesterday at the New York Stock Exchange, NYSE Euronext and Davis Polk co-hosted a seminar for listed companies entitled “Preparing for the 2010 Proxy Season: Spotlight on Risk.” The...
On Friday, a federal district court in the Northern District of Texas dismissed the SEC’s insider trading case against Dallas Mavericks owner Mark Cuban. While the celebrity of the defe...
Companies faced with a shareholder proposal submitted under Rule 14a-8 often seek to exclude the proposal from the proxy statement by submitting a no-action letter to the SEC Staff, citin...
A company that has been subject to SEC reporting obligations for fewer than three years, that has less than $150 million in public float, or that is affiliated with a broker-dealer, gener...
