As a securities disclosure attorney, you probably spend far more time worried about the latest disclosure rules and guidance from the Securities & Exchange Commission than thinking about advertising laws enforced by the Federal Trade Commission (FTC). When it comes to ESG issues, it might be useful to know some basics because there could be
Nasdaq’s “Board Diversity” FAQs: 45 & Growing
A few weeks ago, I blogged about 5 things you should know about Nasdaq’s new board diversity disclosure requirement. There were a number of interpretive questions that immediately came to mind – and Nasdaq’s Staff has been great about quickly posting a set of FAQs that it adds to on a regular basis.
To access
“Well, That Didn’t Work.” Handling the Disclosure Implications of Getting Out of a Business Line
Following up on my latest blog about new lines of business, no one hits a home run every time. Not even the best of companies. Sometimes a line of business will be shut down. Perhaps the assets are sold, or perhaps they are salvageable to be used internally.
As the in-house disclosure lawyer, what do
You Asked for It! An ESG Materiality Graphic
During our recent webcast – “The ESG Cutting Edge: Reporting & Engagement” – an audience member asked for a graphic to help explain the sometimes confusing variety of “materiality” definitions that arise when talking about ESG issues. We partnered with Argyle to create this graphic (if you want a larger version of
5 Things to Know About Nasdaq’s Board Diversity Disclosure Requirement
On Friday, the SEC issued this 82-page Order approving both Nasdaq’s proposed board diversity disclosure requirement and a proposed board recruiting service proposal. Both of these proposals were originally proposed last December and then amended in February. The Nasdaq also updated this three-pager about what listed companies should know.
The amendments included several practical changes
The In-House Lawyer and the New Business Line’s Marketing Machine
Following up on my latest blog, Broc and I were mulling over the important question: “how does the publicity about a new line of business look in SEC filings compared to the marketing machine?” Obviously, the two different communication channels serve different customers and different needs. Drafted by two distinct sets of scribes with
“We’ve Got a New Line of Business.” The Real-World Disclosure Ramifications
Following up on my blog about dabbling with a new business line, perhaps your company is trying its hand at something new. Is it a big deal? Or a little deal?
Sometimes you want to preserve the reputation of your primary line of business when getting into something new. That’s because you don’t want your
Taking Action as the “Materiality” Debate in the Sustainability Context Continues
Yesterday, my partner Kevin Feldis and I pushed out this client update as part of Perkins Coie’s “Summer Sustainability Series” talking about materiality of ESG disclosures and the ongoing debate on this topic. Here’s an excerpt analyzing steps you might want to consider taking now:
As the theoretical debates over materiality, sustainability disclosures,
The SEC’s Asset Management Advisory Committee’s ESG Disclosure Recommendations: 5 Things to Know
A few days ago, the SEC’s Asset Management Advisory Committee adopted a set of five recommendations about ESG disclosures. Three of the recommendations involved issuer disclosure; two of them involved investment product disclosure.
The Committee had considered a number of issues – six specific questions are identified in the recommendations, including “What guidance should be
Dabbling With a New Business Line? First Steps for the SEC Disclosure Lawyer
There’s nothing as constant as change. Like a company’s decision to try something new to offer to customers. This type of thing pops up eventually for every company. And it can happen often, too. Maybe even once or twice per year.
Continue Reading Dabbling With a New Business Line? First Steps for the SEC Disclosure Lawyer