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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.   

Court Gavel
September 17, 2024 Quick Alerts

Whistleblower Protection Remains SEC Priority

Last week, the SEC announced settled charges against seven public companies for use of agreements that the SEC alleges have provisions that violate the whistleblower protection rule. 

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Pillars of a courthouse
September 16, 2024

The Tide Continues to Turn on ESG

As Bloomberg Law recently reported, the SEC quietly disbanded its Climate and ESG Task Force, which had been active since March 2021 and played a key role in bringing enforcement actions against misleading environmental, social, and governance disclosures.  

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financial dashboard
September 9, 2024

Updating Your Description of Securities Exhibit

As summer turns into fall and in-house lawyers start thinking ahead to the upcoming 10-K filing season, we’re often asked to review and update the description of securities exhibit(s) required to be filed with Form 10-K by Item 601(b)(4)(vi) of Regulation S-K. 

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Pillars of a courthouse
September 6, 2024

SEC Chair Gensler Office Hours Video: AI Disclosures

AI seems to be everywhere at the moment. 

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a building with green rooftops
August 29, 2024

Sustainability Considerations for Retail and Consumer Products Companies

Sustainability is a constant refrain for many companies in the current business environment. 

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Microphone Meeting
August 21, 2024

SEC’s August 20 Open Meeting: Commissioners Approve Updated Audit Rules

Yesterday, the SEC held its third open meeting of the 2024 calendar year, at which the commissioners considered several proposals regarding auditors and the audits of public companies. View blog post
Maze made of hedges
August 9, 2024

The SEC’s Climate Rules: Item 1502(e)’s Transition Plan Disclosure (Including Annual Progress)

This is another in a series of blogs we will be posting breaking down the SEC’s new climate disclosure rules (here’s the last blog we posted).

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Supreme Court
August 7, 2024

Midyear Update on the Corporate Transparency Act

While public companies generally have an exemption from filing beneficial ownership information reports with the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act (CTA), it can be a complicated analysis to figure out what is required for joint ventures, partnerships, and certain other corporate structures. 

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Blue Hour, United States Supreme Court Building, Washington DC, America
August 1, 2024 Quick Alerts

6 Things to Know Right Now

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

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Corporate Boardroom
July 31, 2024 Quick Alerts

SEC Announced Two Large Whistleblower Awards in July

While poking around the SEC's updated website, I was struck that the SEC announced two separate $37 million whistleblower awards little more than a

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Supreme Court Outside
July 30, 2024 Quick Alerts

SCOTUS Poised to Address Fraudulent Inducement Theory of Mail and Wire Fraud

Here's the intro from this "White Collar Briefly" blog by Spencer Gottlieb: "White-collar criminal prosecutions frequently involve charges under the federal mail and wire fraud statutes.

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Abstract image with purples
July 29, 2024

The Corporate Secretary: Being a Shrink

Here's the sixth of the 21 hats that the corporate secretary wears (here's the blog about the fifth hat): "Related to being persuasive is knowing the varying traits—the distinct hot buttons—for each of the directors that you work with.

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Employees in the Office
July 25, 2024

In-House Corner: Non-CEO Employees Serving as Directors

This feature of our blog is where our in-house readers share tips, anecdotes and thoughts about things 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.

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Microphone Meeting
July 24, 2024

In-House Corner: Annual Shareholder Meetings

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 preparation of annual shareholder meetings has evolved since the pandemic:

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white marble columns
July 23, 2024 Programs

Video Archive: "Navigating the DOJ’s New Whistleblower and Self-Disclosure Programs"

This "White Collar Briefly" blog highlights a webcast that took place last week for which the archived video is already posted: "T

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