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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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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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Corporate Building
July 18, 2024 Quick Alerts

The SEC’s Climate Rules: Item 1502(d)’s Climate Risk Impact on Financial Matters

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

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Supreme Court
July 16, 2024 Quick Alerts

Supreme Court Overrules Chevron; Courts Must Determine “Best” Meaning of Statutes Without Deference

Here's a teaser from this Client Update: "The Supreme Court of the United States has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.

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Supreme Court Outside
July 15, 2024 Quick Alerts

A Post-Chevron World: Business As Usual?

Given the potential implications of the overturning of the Chevron doctrine by the US Supreme Court a few weeks ago – see our Client Update on the

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Board of Directors/Conference
July 12, 2024 Quick Alerts

"Spring 2024" Reg Flex Agenda is Up: Final Shareholder Proposal Rule Amendments on the Horizon?

It's that time of year again, the semi-annual posting of the SEC's Reg Flex Agenda.

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Conference group
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
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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privacy related image
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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