Law Blog Category: Uncategorized

ESG Disclosures – A Continued Discussion

April 09, 2021 in Uncategorized

In a series of blogs, I have been discussing the barrage of environmental, social and governance (ESG) related activity and focus by capital markets regulators and participants. Former SEC Chair Jay Clayton did not support overarching ESG disclosure requirements.  However, new acting SEC Chair Allison Herron Lee has made a dramatic change in SEC policy, appointing Read the full article…

ESG Investing and Ratings

April 02, 2021 in Uncategorized

As I mentioned in the last blog in this series on ESG, back in September 2019, when I first wrote about environmental, social and governance (ESG) matters (see HERE), and through summer 2020 when the SEC led by Chair Jay Clayton was issuing warnings about making ESG metric induced investment decisions, I was certain ESG would remain outside the Read the full article…

ESG Matters – What a Difference A Year Makes

March 26, 2021 in Uncategorized

What a difference a year makes – or should I say – what a difference an administration makes!  Back in September 2019, when I first wrote about environmental, social and governance (ESG) matters (see HERE), and through summer 2020 when the SEC led by Chair Jay Clayton was issuing warnings about making ESG metric induced investment decisions, I Read the full article…

Finders – Part 3

March 19, 2021 in Uncategorized

Following the SEC’s proposed conditional exemption for finders (see HERE), I’ve been writing a series of blogs on the topic of finders.  New York recently proposed, then failed to adopt a new finder’s regulatory regime.  California and Texas remain the only two states with such allowing finders for intra-state offerings.   Also, a question that has arisen several times Read the full article…

SEC Final Rule Changes For Exempt Offerings – Part 5

March 12, 2021 in Uncategorized

On November 2, 2020, the SEC adopted final rule changes to harmonize, simplify and improve the exempt offering framework.  The new rules go into effect on March 14, 2021. The 388-page rule release provides a comprehensive overhaul to the exempt offering and integration rules worthy of in-depth discussion.  As such, like the proposed rules, I Read the full article…

Caremark Eroded – Director Liability In Delaware

March 05, 2021 in Uncategorized

This year has marked a string of cases eroding the long history of Delaware’s board of director protections from breach of fiduciary duty claims.  In Re Caremark International Inc. Derivative Litigation was a civil action in the Delaware Court of Chancery in 1996 which drilled down on a director’s duty of care in the oversight context.  Caremark found that generally Read the full article…

SEC Final Rule Changes For Exempt Offerings – Part 4

February 26, 2021 in Uncategorized

On November 2, 2020, the SEC adopted final rule changes to harmonize, simplify and improve the exempt offering framework.  The new rules go into effect on March 14, 2021. The 388-page rule release provides a comprehensive overhaul to the exempt offering and integration rules worthy of in-depth discussion.  As such, like the proposed rules, I am breaking it Read the full article…

SEC Final Rule Changes For Exempt Offerings – Part 3

February 19, 2021 in Uncategorized

On November 2, 2020, the SEC adopted final rule changes to harmonize, simplify and improve the exempt offering framework.  The new rules go into effect on March 14, 2021. The 388-page rule release provides a comprehensive overhaul to the exempt offering and integration rules worthy of in-depth discussion.  As such, like the proposed rules, I Read the full article…

SEC Final Rule Changes For Exempt Offerings – Part 2

February 12, 2021 in Uncategorized

On November 2, 2020, the SEC adopted final rule changes to harmonize, simplify and improve the exempt offering framework.  The new rules go into effect on March 14, 2021. The 388-page rule release provides a comprehensive overhaul to the exempt offering and integration rules worthy of in-depth discussion.  As such, like the proposed rules, I am breaking Read the full article…

SEC Final Rule Changes For Exempt Offerings – Part 1

February 05, 2021 in Uncategorized

On November 2, 2020, the SEC adopted final 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).  For my five-part blog series on the proposed rules, see HERE,  HERE, HERE, HERE  and HERE.  The new rules go into effect on March 14, 2021. Read the full article…

1 2 3 24