Here’s a tip from the sixth edition of our popular publication The Public Company Handbook, which is an easy-to-read guide that provides practical insights regarding legal and other board management issues facing public—or soon-to-be-public—companies.
Directors who exercise options for or otherwise purchase large amounts of company stock (in 2022, stock with a value in
Here’s a tip from the sixth edition of our popular publication The Public Company Handbook, which is an easy-to-read guide that provides practical insights regarding legal and other board management issues facing public—or soon-to-be-public—companies.
The SEC has adopted a pragmatic definition of Audit Committee financial expert. Investment bankers, venture capital investors, stock analysts and
As we blogged a few months ago, the SEC’s new pay-for-performance rules apply to the upcoming proxy season—and if you haven’t started looking into the groundwork you need for this new proxy disclosure yet, you need to get started right away if you’re a company with a 12/31 fiscal year-end.
Remember that “no surprises” is
Twelve years in the making, the SEC adopted pay-for-performance (P4P) disclosure rules last week in the form of new Item 402(v) of Regulation S-K. Here’s the 234-page adopting release. And here’s the press release and fact sheet.
In 2010, as part of the Dodd-Frank Act, the SEC was directed to adopt pay-for-performance rules.
Following up on our recent blog in a series about internal investigations, investigative attorneys are often engaged, at least in part, for the very purpose of establishing legal privilege over an internal investigation. In other words, they are paid to be paranoid about privilege waivers and their impact on our clients’ legal fortunes.
Can there
Following up on our recent blog in a series about internal investigations, note that Federal Rule of Evidence 502(g) states:
(1) “Attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and
(2) “Work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation
Following up on our recent blog in a series about internal investigations, let us start this one by noting that this problem is real. Between enforcers and the outside auditors, in virtually every internal investigation there will be a request to review a copy of the search term list. In almost every case, lawyers who
Following up on our recent blog as part of a series about internal investigations, some privilege waiver concerns have rarely received much attention. Privilege waiver, however, moved to the front burner in part because of the Biden administration’s decision to move the focus back from Main Street to Wall Street. Whether talking about incoming PCAOB
To kick off our series of blogs about internal investigations, let us note that rarely does a week pass in a white collar investigation – or in an SEC-regulatory outside counsel’s life – that an auditor or government enforcement attorney does not request some interim (or final) read-out. These requests for information can encompass investigative
A few days ago, I ran down a list of five items to consider for your risk factor disclosure for the Form 10-Q. Right now, there are a number of topics that are being addressed by many companies in their risk factors. Among those are these:
1. COVID-19 impact – The pandemic continues to weigh