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17 Apr 2024, 9:01 pm by renholding
The issue presented was whether the failure to make a disclosure pursuant to Item 303 of Regulation S-K can serve as the basis for a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act), “even in the absence of an otherwise-misleading statement. [read post]
17 Apr 2024, 8:59 am by Eugene Volokh
In Section Five of the order, Defendant provided the following reasoning in support of keeping bars closed: [B]y their very nature, [bars] present greater risks of the spread of COVID-19. [read post]
16 Apr 2024, 7:19 am by Ronald Mann
” Accordingly, she concludes, “[p]ure omissions are not actionable under Rule 10b-5(b). [read post]
16 Apr 2024, 6:37 am
., Serial No. 97602779 (April 10, 2024) [not precedential] (Opinion by Judge Michael B. [read post]
16 Apr 2024, 4:54 am by David Lynn
Finally, companies with a March 31 fiscal year-end will need to file, as an exhibit to their annual report on Form 10-K or Form 20-F, any insider trading policies and procedures, or amendments thereto, that are the subject of the disclosure required by Item 408(b) of Regulation S-K. [read post]
15 Apr 2024, 10:00 pm by Sherica Celine
New and Updated Practical Guidance Content 401(k) and Other Defined Contribution Plan Compliance Resource Kit Form 5500 Annual Reports Executive and Director Perquisites Retention Bonus and Change in Control Agreement Executive Retention Bonus (Letter Agreement) Benchmarking 401(k) Plans Video Qualified Retirement Plan Distribution Rules 2024 Limits on Contributions to 401(k) Plans Qualified in Puerto Rico PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB Experience… [read post]
15 Apr 2024, 7:25 am by Unknown
” Moab contended that Macquarie violated Item 303 of Regulation S-K by failing to disclose the extent to which its storage capacity was devoted to No. 6 fuel oil.Prior proceedings. [read post]
15 Apr 2024, 4:15 am by David Lynn
Separately, Item 303 of SEC Regulation S–K requires companies to disclose certain information in periodic filings with the SEC. [read post]
14 Apr 2024, 8:15 pm by Lyle Roberts
Moab Partners, L.P. holding that the failure to disclose information required by Item 303 of Regulation S-K can support a Rule 10b-5(b) claim only if the omission renders affirmative statements misleading. [read post]
14 Apr 2024, 4:48 am by Kevin LaCroix
Supreme Court held that a failure to disclose information required under Item 303 of Regulation S-K is, standing alone, not an actionable omission under Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. [read post]
9 Apr 2024, 3:52 pm
 Pix Credit hereIn a quite interesting case, the European Court of Human Rights issued its opinion and judgment in  Verein KlimaSeniorinnen Schweiz and Others v. [read post]
8 Apr 2024, 10:00 pm by Sherica Celine
New and Updated Practical Guidance Content 401(k) and Other Defined Contribution Plan Compliance Resource Kit Executive and Director Perquisites Retention Bonus and Change in Control Agreement Executive Retention Bonus (Letter Agreement) Benchmarking 401(k) Plans Video Qualified Retirement Plan Distribution Rules The Future of ERISA if High Court Ends Chevron Deference 2024 Proxy Season: The Importance of Evaluating DEI, ESG, and Corporate Social Responsibility Disclosures… [read post]
8 Apr 2024, 10:08 am by admin
As a practical matter, the burden shifts to the party that wishes to challenge the relied upon facts and data to learn more about the cited studies to show that the facts and data are not sufficient under Rule 702(b), and that the testimony is not the product of reliable methods under Rule 702(c). [read post]
6 Apr 2024, 5:31 am by jonathanturley
” Others just shouted profanities like “F**k you, you’re a b***h” or told the congressman to “take your white supremacist rhetoric elsewhere, your neo-nationalist rhetoric elsewhere. [read post]
6 Apr 2024, 4:35 am by Guest Author
To remedy this, SECURE 2.0 requires that all 401(k) and 403(b) plans adopted after December 29, 2022, include an auto-enrollment feature. [read post]
Section 11 of the Protection against Unfair Dismissal Act (Kündigungsschutzgesetz, KSchG) and similarly also Section 615 Civil Code (Bürgerliches Gesetzbuch, BGB) clarifies, however, that the employee has to allow a deduction of amounts which the employee actually has earned during the respective period and/or which the employee could have earned if they had not maliciously failed to accept reasonable work. [read post]