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23 Aug 2022, 8:05 am by Harbir Deol
The FCA further commented that, in its view, the requirement under Article 17(1) MAR to inform the public of inside information “as soon as possible” does not require an announcement to be made immediately. [read post]
15 Aug 2022, 10:51 am by Scott H. Kimpel
On August 10, 2022, 3-2 majorities of the SEC and CFTC voted to propose amendments to Form PF reporting for certain investment advisers to private investment funds. [read post]
14 Aug 2022, 8:22 am by Kevin LaCroix
The deferred payment consisted, in relevant part, of Fertitta’s agreement to pay FAST $26 million by August 18, 2022 if it does not consummate an business combination by August 1, 2022 and determines to redeem its public shares and liquidate. [read post]
In Lorenzo, the Supreme Court held that a person who disseminates materially misleading statements with the intent to defraud investors can be held primarily liable under Section 17(a)(1) of the Securities Act, Section 10(b) of the Securities Exchange Act, and SEC Rule 10b-5(a) and (c), even if that person does not “make” any statement to investors.[5]  The Supreme Court based its decision on the text of the rule and overlap of the… [read post]
Introduction On 1 August 2022, the Financial Conduct Authority (FCA) published Policy Statement 22/10 ‘Strengthening our financial promotion rules for high-risk investments and firms approving financial promotions’ (PS22/10). [read post]
The number of no-action requests submitted to the Staff during the 2022 proxy season decreased 10% from 2021, but nevertheless was higher compared to prior years, up 5% from 2020 and 7% from 2019. [read post]
26 Jul 2022, 9:01 pm by William A. Birdthistle
As we know, fund shareholders often do not participate in important votes.[10] Further, investors in funds are not always aware how portfolio shares are voted by the funds in which they are invested.[11] This lacuna creates a scenario where investors’ voices are being entirely delegated and used indirectly to influence portfolio companies’ behavior without investors’ awareness, attention, or, perhaps even interest. [read post]
22 Jul 2022, 5:07 am by John Jascob
Before SOX, Parratt said the SEC would review Forms 10-K whenever it could, but that SOX changed that approach. [read post]
22 Jul 2022, 4:00 am by Jim Sedor
To project the sway to keep their promises, which often included visas to live in the U.S., they used investor money and foreign nationals’ cash to make donations and be seen with Trump and other prominent politicians. [read post]
19 Jul 2022, 2:59 pm by Kevin LaCroix
Jan. 10, 2013) (dismissing where defendant characterized clinical trial results positively even though FDA had expressed concerns and contemporaneous news reports described the results as disappointing). [read post]