The SEC's Failure To Update May Defenestrate Claw-Back Rule Making

As has been widely reported, the Securities and Exchange Commission last week finally adopted rules requiring the securities exchanges to adopt listing standards requiring listed companies to develop and implement policies providing for the recovery...

What's Misleading About "Leading"?

In this post yesterday, John Jenkins took aim at issuer's that characterize themselves as "leading".  He notes that the SEC Staff has and continues to comment on such characterizations.  I think that in some casesthese comments are a waste of time...

California Greenhouse Gas Emissions Bills Fails Passage

On the last day of the the current biennium, the California Assembly refused passage of SB 260.  This bill would have required large companies to report annually on their greenhouse gas emissions. Despite significant opposition, the bill had moved...

A Cloak Secrecy That Unbecomes The SEC

Readers of this space will know that I was an early critic of the SEC's whistleblower program.  In 2016, for example, I observed that the SEC had awarded $136 million to only 37 individuals.  Earlier, I posted five theses regarding the SEC's program:

SEC Reopens Comment Period On Deeply Flawed Proposed Claw-Back Rules

Seven years ago, the Securities and Exchange Commission proposed rules that would direct the national securities exchanges and national securities associations to establish listing standards that would require each issuer to develop and implement a...

The Fifth Circuit Sides With Justinian and Blackstone

As has been widely reported, the Fifth Circuit Court of Appeals this week addressed the legal status of the administrative courts of the Securities and Exchange Commission.  In short, the Court held:

If The SEC Favors Full Disclosure, Why Does It Have A "Gag Rule"?

In 1972, the Securities and Exchange Commission announced its "policy not to permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. In this...

President Biden Nominates Former DOC (AKA DBO & DFPI) Attorney To SEC

On Wednesday, President Biden announced that he has nominated Mark Uyeda to serve as a member of the Securities and Exchange Commission. Mark's work history as an attorney at the SEC should equip him well to serve as a Commissioner. He previously...

The SEC's Brobdingnagian Climate Change Disclosure Rule Proposal

Earlier this week, the Securities and Exchange Commission issued a proposed rule change that would require companies to make specific climate-related disclosures when filing a Securities Act or Exchange Act registration statement or an Exchange Act...

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