Join Wilson Sonsini for a webinar on Tuesday, September 24, 2024, from 10:00 a.m. to 11:00 a.m., Pacific Time, where our esteemed panel will consider how federal enforcement priorities may differ between a Trump and Harris administration, and the likelihood of Biden Administration enforcement policies continuing in either administration. Register
Continue Reading Webinar Alert | Election 2024: Regulatory Predictions for the New AdministrationSEC Approves Amendments to Nasdaq Phase-In Schedules and Cure Periods
On August 26, 2024, the U.S. Securities and Exchange Commission (SEC) issued an order granting approval of The Nasdaq Stock Market LLC’s (Nasdaq’s) proposed rule change, to Nasdaq Rules 5605, 5615, and 5810. These amendments 1) clarify and modify the phase-in schedules for certain corporate governance requirements, making them substantially…
Continue Reading SEC Approves Amendments to Nasdaq Phase-In Schedules and Cure PeriodsFTC Non-Compete Ban Blocked Nationwide
Our recent Client Alert discusses the decision on August 20, 2024, by a federal district court in Texas blocking the final rule issued by the Federal Trade Commission that would have prohibited all for-profit employers nationwide from using non-compete agreements with most workers. The final rule was set to take…
Continue Reading FTC Non-Compete Ban Blocked NationwideSEC Announces Increase in Registration Fee Rates Effective October 1, 2024
On August 20, 2024, the U.S. Securities and Exchange Commission (SEC) announced an increase in the fees that public companies and other issuers will be required to pay to register their securities, from $147.60 per million dollars to $153.10 per million dollars. This new fee rate will be effective October…
Continue Reading SEC Announces Increase in Registration Fee Rates Effective October 1, 2024ISS and Glass Lewis Launch Annual Policy Surveys
On August 1, 2024, ISS Governance (ISS) announced the launch of its Annual Benchmark Policy Survey. The survey results will inform ISS’s policy development for 2025 and beyond. For the U.S. market, the survey solicits views on poison pills and executive compensation. In addition, the survey solicits views on global environmental and social topics including climate-related shareholder proposals, disclosure of Scope 3 GHG emissions targets, and shareholder proposals requesting disclosure of workforce diversity metrics.Continue Reading ISS and Glass Lewis Launch Annual Policy Surveys
Officer Exculpation and the Silicon Valley 150: Year Two
Last year, we reviewed proxy statements filed by companies in the Silicon Valley 150[1] (SV150) to see whether they included an officer exculpation proposal[2] in their proxy statements for stockholder meetings held from August 1, 2022, through July 31, 2023 (“Year One”). As reflected in our previous post and Client Alert, during Year One, only nine SV150 companies included an officer exculpation proposal in their proxy statements, of which seven passed and two failed.Continue Reading Officer Exculpation and the Silicon Valley 150: Year Two
Significant Amendments to the Delaware General Corporation Law Are Set to Become Effective
Our recent Client Alert discusses the extensive and important set of amendments to the Delaware General Corporation Law (the DGCL) that will become effective on August 1, 2024. The amendments, which will apply both prospectively and retrospectively, were largely intended to address several recent Delaware Court of Chancery decisions that…
Continue Reading Significant Amendments to the Delaware General Corporation Law Are Set to Become Effective“Chevron is overruled”: How Loper Bright Will Change the Regulatory Law Landscape
Our recent Client Alert discusses the United States Supreme Court’s long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright), a decision with far-ranging implications for federal administrative law. The Supreme Court’s six-Justice majority held that the Administrative Procedure Act requires courts interpreting agency regulations to determine independently…
Continue Reading “Chevron is overruled”: How Loper Bright Will Change the Regulatory Law LandscapeSEC Announces Release of Spring 2024 Regulatory Agenda
On July 8, 2024, SEC Chair Gary Gensler announced the release of the SEC’s Spring 2024 Regulatory Agenda (Regulatory Agenda), which outlines the SEC’s planned regulatory actions over the next 12 months. This latest Regulatory Agenda includes a total of 34 rules, with 15 rules at the proposed rulemaking stage and 19 rules at the final rulemaking stage. While the Regulatory Agenda provides insights into Chair Gensler’s priorities (compiled as of May 1, 2024) and the anticipated timing of proposed and final rules, actual rule adoption or proposal timing may vary significantly, and could come before or after the listed dates. The outcome of the 2024 presidential election may also impact timing and priorities.Continue Reading SEC Announces Release of Spring 2024 Regulatory Agenda
U.S. Supreme Court Holds SEC Cannot Use In-House Proceedings When Seeking Civil Penalties for Securities Fraud
Our new client alert discusses the U.S. Supreme Court’s recent holding in Securities and Exchange Commission v. Jarkesy that the Seventh Amendment to the United States Constitution entitles a defendant to a jury trial when the U.S. Securities and Exchange Commission (SEC) seeks civil penalties for securities fraud. As a…
Continue Reading U.S. Supreme Court Holds SEC Cannot Use In-House Proceedings When Seeking Civil Penalties for Securities Fraud