Here’s the teaser from this Client Update: “On April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after 26,000 public comments flooded the FTC in response to its January 2023
Public Chatter
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Climate Disclosure: The Latest Maneuvering
There continues to be developments worth noting related to challenges to the SEC’s climate disclosure rules, including:
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The Corporate Secretary: Being Organized
5 Tips to Help You Become a Better Blogger
Here’s something that I penned for “Insights” two years ago for my 20th year anniversary as a securities law blogger – it will be 22 years next week! Given my experience, I thought I would share a few ideas about what it takes to become a blogger that people will enjoy:
The first thing to…
The Corp Fin Staff Speaks on Cyber and AI Disclosures: 5 Things
A few weeks ago, PLI held its annual “SEC Speaks” in DC and this year was more interesting than usual given all the rulemaking the SEC has done recently. [I worked in Corp Fin right out of law school in 1988 and back then, the entire Corp Fin was invited to attend the conference for…
Shareholder Proposals: Climate is Still a Big Target
This Reuters article draws on these stats provided by Ceres that reflect the continuing high pace and evolving nature of climate-related shareholder proposals:
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SCOTUS on MD&A: “Pure Omissions” Not Actionable Under Rule 10b-5
The Supreme Court speaks on MD&A! Last Friday, SCOTUS delivered an opinion that addressed MD&A – in Macquarie Infrastructure Corp. v. Moab Partners, L.P. – that dealt with whether an investor could rely on a failure to disclose a “known trend or uncertainty” in accordance with MD&A as a basis to state a Rule 10b-5…
SEC Enforcement: 5 Takeaways from “SEC Speaks”
Here’s a Client Update that lists five takeaways from the SEC Enforcement Staff at the recent PLI “SEC Speaks” conference. Here’s an excerpt with one of those takeaways:
“Focus on Gatekeeper and Entity Liability To Increase Transparency and Trust in the Markets
The SEC reaffirmed its commitment to holding gatekeepers accountable, underscoring the vital role…
In-House Corner: What Colleagues Are Asking About the SEC’s Climate Rules
This feature of our blog is where our in-house readers share tips, anecdotes and thoughts about things that come up in their daily practice. This particular batch of thoughts is about the types of questions that in-house disclosure drafters are getting about the SEC’s new climate disclosure rules (here’s a blog giving the in-house perspective…
The Corporate Secretary: “Jack of All Trades”
Recently, I blogged about how the corporate secretary wears 21 hats. The first hat that a corporate secretary wears is that they serve as a “jack of all trades.”
Okay, right off the bat, I’ve confused myself. I Googled the definition of “jack of all trades” and it immediately took me to the phrase that…