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6 May 2024, 10:27 am by Kevin LaCroix
Rather, I intend simply to summarize what the two memos identify as the important differences between Delaware, Nevada, and Texas, so that we (that is, both readers and me) can have a better idea of what is at stake in the current re-domestication debate. [read post]
3 Apr 2024, 9:03 pm by renholding
Let me start by reminding you that my views are my own as a Commissioner and not necessarily those of the Securities and Exchange Commission (“SEC”) or my fellow Commissioners. [read post]
2 Apr 2024, 6:22 am by Stewart Baker
The SEC isn't done milking the SolarWinds hack; now it's investigating companies harmed by the supply chain attack. [read post]
30 Mar 2024, 12:41 pm by Will Baude
Wilson, 422 F.3d 1059 (10th Cir. 2005) (applying state action analysis under sec. 1983 to decide whether a hospital was barred from suing for libel) … ACLU of Minn. v. [read post]
28 Mar 2024, 12:39 pm by Kevin LaCroix
What is of interest to me about this that this civil action was filed and pursued by the Australian securities regulator, in Australian courts, under Australian law. [read post]
26 Mar 2024, 5:10 am by Stewart Baker
This leads Cristin and me to a discussion of how the SEC's pursuit of CISO Tim Brown and its demands for more security disclosures will improve the country's cybersecurity. [read post]
25 Mar 2024, 7:00 am by Rebecca Tushnet
SEC, 85 F.4th 760 (5th Cir. 2023), recently held that “the disclosure of a company’s rationale for a stock buyback was purely factual and uncontroversial commercial speech” (although it still struck down the SEC’s action because it was the SEC, I mean because of the APA). [read post]
24 Mar 2024, 9:01 pm by renholding
I hope Columbia one day might invite me back to celebrate your career, Professor Fox. [read post]
22 Mar 2024, 1:42 pm by Joseph Fishkin
To me, the most interesting question here is actually about the press. [read post]
22 Mar 2024, 1:27 pm by John Ross
The SEC routinely allows defendants to settle civil-enforcement actions without admitting wrongdoing—but only if the defendants promise to never publicly proclaim their innocence. [read post]
21 Mar 2024, 2:49 pm by Conrad Dryland
I have the privilege of serving as Staff Counsel for this project, so I encourage readers to send me any questions they have at cdryland@acus.gov. [read post]
19 Mar 2024, 2:17 pm by Kevin LaCroix
Their names were listed as company directors in SEC filings and in the company’s annual report to the Idaho Secretary of State. [read post]
19 Mar 2024, 3:20 am by David Lynn
I am certainly no politico, but it seems to me that a successful CRA challenge to the SEC’s climate disclosure rules is a long shot, given that Republicans would need to not only garner support of a joint resolution of Congress, but also override an inevitable Presidential veto. [read post]
18 Mar 2024, 4:10 am by David Lynn
One interesting thing for me about this whole situation is that I can distinctly remember the days when the US Court of Appeals for the District of Columbia Circuit was the court that often determined the outcome of challenges to SEC rules. [read post]
15 Mar 2024, 12:30 pm by John Ross
" By blessing that, we've now created a split with several other circuits and state high courts. [read post]