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Public Chatter

Public Chatter provides practical guidance—and the latest developments—to those grappling with public company securities law and corporate governance issues, through content developed from an in-house perspective.   

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July 11, 2024 Quick Alerts

Employers Left in Limbo by FTC Noncompete Decision

Here's the intro from this Client Update by Jason Elliott: "In Ryan v. Federal Trade Commission, Federal District Court Judge Ada Brown released a much-anticipated preliminary injunction decision against the Federal Trade Commission (FTC) regarding its pending "Non-Compete Ban." Case No. 3:24-CV-00986 (N.D. Tex. July 3, 2024). View blog post
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July 10, 2024 Programs

Video Archive: “Proxy Season Deep Dive – 20 Things”

We have posted the video archive for the recent webcast – "Proxy Season Deep Dive – 20 Things" – during which Perkins Coie's Allison Handy, Kelly Reinholdtsen and Proxy Analytics' Steve Pantina covered what happened during this wild proxy seaso

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Supreme Court Outside
July 9, 2024 Quick Alerts

SCOTUS' Securities Fraud Ruling Further Limits SEC's Enforcement Authority (With Rippling Effects on the Administrative State)

Here's the teaser for this Client Update: "In the recent 6-3 decision in SEC v. Jarkesy, the Supreme Court of the United States ruled that respondents to a U.S.

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Office
July 8, 2024 Quick Alerts

8 Things to Know Right Now

Here's our latest edition of our monthly feature – a quick snapshot of recent developments:

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June 27, 2024 Quick Alerts

Corp Fin Issues Five CDIs on Cyber-Related Form 8-Ks

In recent weeks, Corp Fin has been active in providing guidance about Form 8-Ks filed to report cyber incidents.

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Corporate Boardroom
June 26, 2024 Quick Alerts

Corp Fin Director Gerding Speaks on "State of Disclosure Review"

Corp Fin Director Erik Gerding has been busy providing us with a lot of transparency in recent months about all sorts of things. In this new statement, Erik essentially puts the remarks from the Corp Fin Staff during the "SEC Speaks" conference in writing.

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Computer server room
June 25, 2024 Quick Alerts

Corp Fin Clarifies That Companies Can Share Cyber Incident Information With Third-Parties Beyond 8-K Disclosure

Following on the heels of his statement last month clarifying that companies should not file Form 8-K under Item 1.05 in connection with a cybersecurity incident that they have determined isn't material or for which they have not yet made a materiality

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pricing financial securities
June 20, 2024 Quick Alerts

Results from First Year of Effectiveness of Nasdaq’s Board Diversity Objective

As we await the decision of the en banc Fifth Circuit about whether the Nasdaq's board diversity rule will survive, check out this recap of board diversity data in the first year that the board diversity objective of Nasdaq's rule applied per this

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Trees
June 17, 2024 Quick Alerts

The SEC’s Climate Rules: Item 1502(c)’s Strategy, Financial Planning and Capital Allocation Considerations from Climate Risks

This is the latest in our series of blogs breaking down the SEC's new climate risk disclosure rules.

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Employees in the Office
June 13, 2024

7 Things to Do When You Change a Company’s Name (With the SEC & Otherwise)

Changing a company's name is a big deal. From a legal standpoint, there's so much more to do than you would think. It's expensive – and time-consuming – to pull off.

Man, we don't envy those of you who have been through the process of a public company changing its name. The legal workload is a bear.

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Space
June 12, 2024

In-House Corner: How We’re (Semi) Embracing AI

This feature of our blog is where our in-house readers share tips, anecdotes and thoughts about things that come up in their daily practice. This particular batch of thoughts is about how in-house practitioners are embracing generative AI so far:

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Company
June 10, 2024 Quick Alerts

SEC Warns “Be Mindful About Your EPS XBRL Tagging”

Recently, the SEC's Office of Structured Disclosure warned in this statement that some companies are incorrectly tagging basic and diluted earnings-per-share data in XBRL. Without fixing the tags, apparently the data is useless to end users.

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Group of people standing over a table in a conference room.
June 6, 2024 Quick Alerts

The Latest on Cooperation With the SEC Enforcement Staff

It's easy not to keep up with the latest pronouncements from the SEC Enforcement Staff about what is appropriate cooperation that earns you points when it comes to negotiating a settlement with the Staff. That's because you have enough on your hands without bothering to learn about something that isn't relevant to you.

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June 4, 2024 Quick Alerts

8 Things to Know Right Now

Here's our latest edition of our monthly feature – a quick snapshot of recent developments:

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conversation
June 3, 2024

The Corporate Secretary: Being Knowledgeable

Here's the fourth of the 21 hats that the corporate secretary wears (here's the blog about the third hat): "The corporate secretary role has evolved dramatically over the past several decades.

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