Over the last year, the Dodd-Frank Act has kept compliance functions busy with a steady stream of new regulations, including shareholder advisory votes on executive pay, expanded whistleblower rules, and compensation committee independence, not to mention reams of proposals on derivatives and swaps. Yet, we’re really not that far down the Dodd-Frank path, either. Dodd-Frank […]
Reese Darragh
Appeals Court Spikes SEC’s Proxy Access Rule
A U.S. federal appeals court rejected a Securities Exchange and Commission rule, which would have made it easier for investors to nominate their own candidates for the board of directors. The U.S. Court of Appeals for the D.C. Circuit sided with the Chamber of Commerce and the Business Roundtable when it vacated the proxy access […]
White House Orders SEC, Others to Review Regulations
Add another item to the Security and Exchange Commission’s to-do list. The Obama Administration issued an executive order earlier this month asking the SEC, the Commodities Futures Trading Commission, and other agencies to review regulations with an eye toward eliminating outdated, redundant, or overly burdensome rules. All information used to analyze the repealed rules must […]
Massachusetts Examines the Use of Social Media by Investment Advisers
Massachusetts is looking into the social media practices of investment advisers who work in the state. A recent survey conducted by the Securities Division of the State Secretary found that many of them are not complying with regulations that govern the use of social media to communicate with investors and require supervisors to monitor it. […]
Can Too Much Disclosure Be a Bad Thing?
They say that too much of anything is a bad idea. Now two academics have tried to determine whether the same applies to corporate disclosure, too. The pair, Benjamin Hermalin at the University of California, Berkeley, and Michael Weisbach of Ohio State University, say the answer is yes. While disclosure is seen as a good […]
Justice Department Says Some Paid Trips Don’t Violate FCPA
The Department of Justice has issued an advisory opinion that reconfirms guidance allowing companies to sponsor foreign government officials for trips to the United States in some circumstances without risking violation of the Foreign Corrupt Practices Act. In an opinion procedure released last week, the Justice Department said a U.S. company, which had earlier requested […]
Dodd-Frank Delays Continue
As the July 21 one-year anniversary of the Dodd-Frank Act approaches, regulators are unlikely to celebrate their rulemaking accomplishments on the landmark legislation. That’s because most of the work to flesh out the specific regulations remains to be done. In recent months regulators that are responsible for creating the rules to carry out Dodd-Frank, such […]
Agencies Issue Guidance on Counterparty Credit Risk
A group of federal agencies, including the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision issued new guidance on counterparty credit risk (CCR) management to address the weaknesses observed in CCR management at many banking organizations during the financial crisis. The […]
