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23 Jan 2024, 9:06 am
By Anne Sherry, J.D.Unusually, a company is asking a Texas district court for a declaratory judgment allowing it to exclude a shareholder proposal, rather than proceeding through the SEC’s no-action process. [read post]
4 Oct 2022, 6:13 am
” Said the district court: “Coincidence is just a messenger sent by truth. [read post]
9 May 2019, 2:05 pm
When a public company receives an eligible shareholder proposal, it has four options: (1) include the proposal in the proxy statement; (2) negotiate with the proponent to secure a withdrawal; (3) seek a ruling on the proposal’s propriety in federal district court; or (4) seek an interpretive ruling from the SEC staff, known as a no-action letter, that the company may exclude the proposal. [read post]
17 Jan 2018, 8:00 am
To be precise, the TBOR is fairly drafted and provides, at 2 sections: “5. [read post]
8 Nov 2017, 4:47 am
Court of Appeals for the District of Columbia Circuit. [read post]
13 Jan 2016, 5:05 pm
We note that: 1) the sheer magnitude of a cyber-attack exacts a calamitous injury of risk and tumult, far more penetrating than for instance, a financial reporting mishap; and 2) the rising morass of regulatory attention on cyber-attacks has begun to surpass governmental attention on corporate financial reporting. [read post]
26 Oct 2015, 1:07 pm
Accordingly, the court asserted that the district court put undue weight on the distinction between a directive to management and a request for board action. [read post]
15 Apr 2015, 5:07 am
District Court for the District of Delaware. [read post]
16 Feb 2015, 2:23 pm
” The Delaware District Court, however, did not agree. [read post]
16 Feb 2015, 2:23 pm
” The Delaware District Court, however, did not agree. [read post]
16 Feb 2015, 2:23 pm
” The Delaware District Court, however, did not agree. [read post]
19 Jan 2015, 3:52 am
District Court can decide whether a company is obligated to include shareholder proposals in its proxy materials. [read post]
29 Dec 2011, 10:27 am
Attorney's Office in the Southern District of New York. [read post]
5 Apr 2011, 5:31 am
District Judge Lee H. [read post]
19 Feb 2011, 3:56 pm
On this issue, the federal district court decision in Austin v. [read post]
2 Dec 2010, 8:19 am
Court of Appeals for the D.C. [read post]
30 Apr 2010, 12:47 pm
It appears that the SEC may address Rule 14a-8(b)(2) as part of a new staff legal bulletin before the 2011 proxy season. [read post]
24 Mar 2010, 5:51 am
" And speaking of pay disparity, as a follow-up to my blog on the recent spate of shareholder proposals on pay disparity, it appears that the SEC Staff is rejecting requests from companies to exclude them under Rule 14a-8, as noted in this Reuters' article. [read post]
11 Mar 2010, 9:02 am
Chevedden in federal district court. [read post]
31 Dec 2009, 7:52 am
Rule interpretation by the SEC staff (which would not be binding) and courts is a cumbersome and impractical process for assuring workability and suitability. [read post]
