The Securities and Exchange Commission has offered up additional guidance on how hedge funds, venture capitalists, and start-ups should verify accredited investor status when they advertise private securities offerings. In July 2013, the SEC amended Rule 506 of Regulation D to allow general solicitation of private offerings. The SEC amendments, however, permit advertising and marketing […]
Joe Mont
Posted inFrom the Archive
Proxy Advisers Get New SEC Guidance on Conflict Disclosure
Amid growing scrutiny of proxy advisory firms and concerns about their influence over corporate governance matters and the potential for conflicts of interest, the Securities and Exchange Commission has issued new guidance. The slate of 13 questions and answers from the Division of Corporation Finance and Division of Investment Management addresses conflicts, the application of […]
Posted inUncategorized
SEC Adopts Long-Awaited Cross-Border Derivatives Rules
Foreign banks that conduct over-the-counter derivatives trades with U.S. entities will now be required to register with the Securities and Exchange Commission, a move that also comes with new demands for transparency and mandatory clearing intended to reduce the risk of default. The new requirements, which cover when a transaction must register as a security-based […]
Posted inFrom the Archive
U.K. Officials Recommend Against Whistleblower Bounties
It appears less and less likely that the UK will follow the lead of U.S. regulators and offer rewards to whistleblowers when their tips initiate an enforcement action. A government response issued this week by the Department for Business Innovation and Skills, which follows a solicitation of public comments last summer, recommends against creating a […]
Posted inFrom the Archive
U.K. Officials Recommend Against Whistleblower Bounties
It appears less and less likely that the UK will follow the lead of U.S. regulators and offer rewards to whistleblowers when their tips initiate an enforcement action. A government response issued this week by the Department for Business Innovation and Skills, which follows a solicitation of public comments last summer, recommends against creating a […]
Posted inUncategorized
GAO: Commerce Dept. Slacking on Conflict Minerals Efforts
While regulators and activists pore over recently filed conflict minerals reports, a government watchdog is placing a critical eye on its own efforts. A new report by the Government Accountability Office looks at the role various agencies play in the effort to crack down on the use of tin, gold, tantalum, and tungsten that is […]
Posted inUncategorized
SEC Adopts Long-Awaited Cross-Border Derivatives Rules
Foreign banks that conduct over-the-counter derivatives trades with U.S. entities will now be required to register with the Securities and Exchange Commission, a move that also comes with new demands for transparency and mandatory clearing intended to reduce the risk of default. The new requirements, which cover when a transaction must register as a security-based […]
Posted inFrom the Archive
Supreme Court Says NLRB Recess Appointments Were Invalid
Bad news for the Obama Administration and its battle over recess appointments to the National Labor Relations Board. An opinion issued today by the Supreme Court in the matter of NLRB v. Noel Canning says that what were positioned as recess appointments to the board are invalid, possibly invalidating hundreds of the board’s decisions. Noel […]
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Parsing SEC’s Enforcement Move Against Whistleblower Retaliation
Well, compliance officers all knew it would happen sooner or later. For the last two years, the Securities and Exchange Commission has been doling out cash rewards to whistleblowers whose tips lead to an enforcement action. And all the while, SEC officials—most notably Sean McKessy, chief of the SEC Office of the Whistleblower—have warned that […]
Posted inBoards & Shareholders
Boards Struggle With Overseeing Cyber-Security Risks
With cyber-attacks becoming more frequent and costly for companies, boards are looking to provide more oversight on cyber-security risks, but many are stuck on just how to do it. Earlier this month, during a speech, Securities and Exchange Commission member Luis Aguilar expressed his hope that public companies will consider board-level risk committees to address […]
