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25 Oct 2007, 7:53 pm
AIG, SEC proposed shareholder access rules in late 2003, but those proposals never passed the comment stage.[10] In fact, the decision of AFSCME v. [read post]
23 Apr 2012, 5:01 am by J Robert Brown Jr.
  First, it often overlooked in the debate that the SEC conducted an extraordinary amount of cost benefit analysis in adopting the shareholder access rule. [read post]
10 Jul 2023, 9:22 am by Leonard L. Gordon and Michael A. Munoz
In the midst of issuing the final opinions of the term, the Court also granted certiorari on a number of cases, one of which—Securities and Exchange Commission v. [read post]
7 Oct 2014, 7:21 pm by Joy Waltemath
Circuit decisions required it to reexamine its approach in independent contractor cases, it would decline adopt the appeals court’s interpretation of Sec. 2(3) of the NLRA and accordingly found that FedEx Home Delivery drivers were employees entitled to coverage under Sec. 2(3). [read post]
17 Nov 2023, 12:07 pm by Race to the Bottom
In 2021, current SEC Chair Gary Gensler asserted that the SEC considers crypto as a security under the “Howey Test,” derived from the Supreme Court case, SEC v. [read post]
28 Jan 2011, 8:00 am by J Robert Brown Jr.
  For rules that are declared arbitrary, the SEC does not always go back and repropose the rule (the rule increasing the number of independent directors on mutual fund boards never resurfaced). [read post]
14 Jun 2018, 3:01 am by Liz Dunshee
Justice Ginsburg’s opinion in China Agritech v. [read post]
13 Mar 2022, 11:24 am by Stuart Kaplow
It is worthy of note the SEC has broad authority and it is difficult to conceive that the independent agency could exceed the powers granted to it (.. which is very different than the current Supreme Court challenge in West Virginia v. [read post]