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HTML10th Circuit Declares SEC Administrative Law Judges Unconstitutional and Creates Circuit Split
Greenberg Traurig LLP;
Legal Alert/Article
January 18, 2017, previously published on January 9, 2017
On Dec. 27, 2016, the United States Court of Appeals for the Tenth Circuit held in Bandimere v. U.S. SEC that the SEC’s administrative law judges (ALJs) hold their positions in violation of the Appointments Clause of the United States Constitution. The court held that SEC ALJs are inferior...

 

HTMLSecurities Litigation - What to Watch in 2017
Greenberg Traurig LLP;
Legal Alert/Article
January 18, 2017, previously published on January 9, 2017
2016 was a banner year for securities-related litigation. As we noted in our Dec. 6, 2016 edition of GT Insights, SEC enforcement actions increased in 2016 and were the highest in any year based on available data. Also, securities class action lawsuit filings increased in 2016 to the highest level...

 

HTMLSullivan & Cromwell Partner Selected to be New Chairman of the SEC
Greenberg Traurig LLP;
Legal Alert/Article
January 18, 2017, previously published on January 9, 2017
President-elect Donald Trump has nominated Jay Clayton, a partner at Sullivan & Cromwell, to be chairman of the SEC. According to his profile at Sullivan & Cromwell, Mr. Clayton specializes in public and private mergers and acquisitions transactions, capital markets offerings and regulatory...

 

HTMLISS Updates FAQs relating to Peer Groups, Equity Compensation Plans, and Executive Compensation Policies
Greenberg Traurig LLP;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2016
In November and December 2016, ISS, released its updated Frequently Asked Questions relating to U.S. Equity Compensation Plans, U.S. Executive Compensation Policies, and U.S. Peer Group Selection Methodology and Issuer Submission Process.

 

HTMLFinancial Stability Board Task Force Issues Recommendations Regarding Climate Change-Related Disclosures
Greenberg Traurig LLP;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2017
On Dec. 14, 2016, the Task Force on Climate-related Financial Disclosures issued an extensive report setting forth its recommendations for helping businesses disclose climate-related financial risks and opportunities. The Task Force was established in 2015 by the Financial Stability Board, an...

 

HTMLDepartment of Labor Issues Guidance on Voting on ESG Proposals
Greenberg Traurig LLP;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2017
On Dec. 28, 2016, the Department of Labor, or DOL, issued a new interpretive bulletin (IB 2016-01) to clarify that plan fiduciaries can exercise their proxy voting rights as part of their fiduciary duty to manage plan assets. The guidance also clarifies when plan fiduciaries can consider...

 

HTMLUnited States Imposes Targeted Sanctions Against Russian Intelligence Agencies and Operatives Accused of U.S. Presidential Election Hacking
Kara M. Bombach, Cyril T. Brennan, Sandra K. Jorgensen, Renee A. Latour; Greenberg Traurig, LLP;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2017
In late December 2016 and early January 2017, the U.S. government took action to sanction Russian individuals and intelligence agencies determined to be involved in hacking activities related to the November U.S. presidential election.

 

HTMLISS Releases White Paper regarding Pay-for-Performance Mechanics
Greenberg Traurig LLP;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2017
In December 2016, Institutional Shareholder Services, or ISS, released a white paper describing its quantitative and qualitative approach to pay-for-performance mechanics.

 

HTMLISS Releases Primer regarding its Methodology for Evaluating Equity Compensation Plans in 2017
Greenberg Traurig LLP;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2016
On Dec. 21, 2016, ISS published an updated overview of ISS’s Equity Plan Scorecard methodology that will affect recommendations on proposals being voted on at meetings occurring on or after Feb. 1, 2017.

 

HTMLIncreased Tax Reporting Requirements for Domestic Disregarded Entities Wholly Owned by Foreign Persons
Mohammad B. Pathan, Kenneth Zuckerbrot; Greenberg Traurig, LLP;
Legal Alert/Article
January 12, 2017, previously published on January 9, 2017
On Dec. 13, 2016, the U.S. Department of the Treasury issued final regulations to Internal Revenue Code (Code) sections 6038A and 7701. These regulations impact Form 5472 (Information Return of a 25 percent Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business)...

 


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