Law Blog Author Archive

Relief For Persons Affected By The Coronavirus

April 03, 2020 in Uncategorized

Last week I published a blog summarizing the relief granted by the SEC for public companies and capital markets participants impacted by the coronavirus (Covid-19) (see HERE).  Just as Covid-19 rapidly evolves, so have the regulators response.  The SEC has now expanded the relief and issued guidance on public company disclosures related to Covid-19. While Read the full article…

Conditional Relief For Persons Affected By Coronavirus

March 27, 2020 in Uncategorized

As the whole world faces unprecedented personal and business challenges, our duty to continue to run our businesses, meet regulatory filing obligations and support our capital markets continues unabated.  While we stay inside and practice social distancing, we also need to work each day navigating the new normal.  Thankfully many in the capital markets, including Read the full article…

SEC Proposed Rule Changes For Exempt Offerings – Part 1

March 20, 2020 in Uncategorized

On March 4, 2020, the SEC published proposed rule changes to harmonize, simplify and improve the exempt offering framework.  The SEC had originally issued a concept release and request for public comment on the subject in June 2019 (see HERE).  The proposed rule changes indicate that the SEC has been listening to capital markets participants and is supporting Read the full article…

SEC Small Business Advocate Releases First Annual Report

March 13, 2020 in Uncategorized

The SEC’s Office of Small Business Advocate launched in January 2019 after being created by Congress pursuant to the Small Business Advocate Act of 2016 (see HERE).  One of the core tenants of the Office is recognizing that small businesses are job creators, generators of economic opportunity and fundamental to the growth of the country, Read the full article…

Hester Peirce Proposal For Treatment Of Cryptocurrency

March 06, 2020 in Uncategorized

SEC Commissioner Hester M. Peirce, nicknamed “Crypto Mom,” has made a proposal for the temporary deregulation of digital assets to advance innovation and allow for unimpeded decentralization of blockchain networks.   Ms. Peirce made the proposal in a speech on February 6, 2020. The world of digital assets and cryptocurrency literally became an overnight business sector for corporate and securities lawyers, Read the full article…

SEC Proposes Additional Disclosures For Resource Extraction Companies

February 28, 2020 in Uncategorized

In December 2019, the SEC proposed rules that would require resource extraction companies to disclose payments made to foreign governments or the U.S. federal government for the commercial development of oil, natural gas, or minerals.  The proposed rules have an interesting history.  In 2012 the SEC adopted similar disclosure rules that were ultimately vacated by the U.S. District Court.  Read the full article…

OTCQB And OTC Pink Rule Changes

February 21, 2020 in Uncategorized

In December 2019 the OTC Markets updated its Pink Disclosure Guidelines and Attorney Letter Agreement and Guidelines.  The Pink disclosure guidelines and attorney letter apply to companies that elect to report directly to OTC Markets pursuant to its Alternative Reporting Standard.  Furthermore, in January 2020 OTC Markets amended the OTCQB standards related to the disclosure Read the full article…

SEC Proposes Amendments To MD&A Disclosures

February 14, 2020 in Uncategorized

Continuing its disclosure effectiveness initiative, on January 30, 2020, the SEC proposed amendments to Management’s Discussion & Analysis of Financial Conditions and Operations (MD&A) required by Item 303 of Regulation S-K.  In addition, to eliminate duplicative disclosures, the SEC also proposed to eliminate Item 301 – Selected Financial Data and Item 302 – Supplementary Financial Read the full article…

Nasdaq Extends Direct Listings

February 07, 2020 in Uncategorized

The Nasdaq Stock Market currently has three tiers of listed companies: (1) The Nasdaq Global Select Market, (2) The Nasdaq Global Market, and (3) The Nasdaq Capital Market. Each tier has increasingly higher listing standards, with the Nasdaq Global Select Market having the highest initial listing standards and the Nasdaq Capital Markets being the entry-level tier for most micro- Read the full article…

SEC Fall 2019 Regulatory Agenda

January 31, 2020 in Uncategorized

In late 2019, the SEC published its latest version of its semiannual regulatory agenda and plans for rulemaking with the U.S. Office of Information and Regulatory Affairs. The Office of Information and Regulatory Affairs, which is an executive office of the President, publishes a Unified Agenda of Regulatory and Deregulatory Actions (“Agenda”) with actions that Read the full article…

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