Here’s the fifth of the 21 hats that the corporate secretary wears (here’s the blog about the fourth hat): Being knowledgeable gives you the confidence to use persuasion when you feel that directors may be straying off course on key governance issues.

Some directors will come into the board meeting letting everyone know that they…

Here’s a teaser from this Client Update: “The Supreme Court of the United States has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. For 40 years, if an agency was interpreting an “ambiguous” provision of a statute it administers, the agency’s interpretation need not be the best or most reasonable interpretation. Agencies…

Given the potential implications of the overturning of the Chevron doctrine by the US Supreme Court a few weeks ago – see our Client Update on the Loper decision – it’s natural to be concerned that continued applicability of all sorts of federal regulations is suddenly in question. As Justice Elana Kagan pointed out in…

It’s that time of year again, the semi-annual posting of the SEC’s Reg Flex Agenda. With election approaching, this fall and the highly discussed decision by the SCOTUS to overturn the Chevron doctrine (we’ll be blogging on that next week), it’s hard to predict how much of the anticipated rulemaking will actually happen.

SEC…

Here’s the intro from this Client Update by Jason Elliott: “In Ryan v. Federal Trade Commission, Federal District Court Judge Ada Brown released a much-anticipated preliminary injunction decision against the Federal Trade Commission (FTC) regarding its pending “Non-Compete Ban.” Case No. 3:24-CV-00986 (N.D. Tex. July 3, 2024).

The decision is a mixed one for businesses…

Here’s the teaser for this Client Update: “In the recent 6-3 decision in SEC v. Jarkesy, the Supreme Court of the United States ruled that respondents to a U.S. Securities and Exchange Commission in-house enforcement action alleging securities fraud and seeking civil penalties have a right to a federal jury trial under the Seventh…

In recent weeks, Corp Fin has been active in providing guidance about Form 8-Ks filed to report cyber incidents. Corp Fin Director Erik Gerding has issued two separate statements – and now Corp Fin has issued five CDIs. These CDIs are in addition to the Item 1.05 guidance that was released near the end of…