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HTMLSEC Uses Data Analytics to Identify and Punish Late Form Filers
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 12, 2014
Can merely late filing of “routine” forms get you in trouble with the SEC? Yes, at least if it happens too often. On Wednesday the SEC announced charges and financial penalties totaling $2.6 million against 28 officers, directors, and major shareholders for repeated late filing of SEC...

 

HTMLCanada’s Highest Court Affords Substantial Deference to Arbitral Process
Debbie Asirvatham, Craig Chiasson; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 11, 2014
In Sattva Capital Corp v Creston Moly Corp (2014 SCC 53) the Supreme Court, in the context of a challenge to a domestic arbitral award, has reaffirmed Canada’s longstanding pro-arbitration stance.

 

HTMLCSA Finds Antidote for Poison Pill Debate
Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 11, 2014
With a longer deposit period and a 50% minimum tender condition, Canadian securities regulators have agreed on a common cure for the differing views on regulating a traditional M&A defensive tactic.

 

HTMLDelaware Court of Chancery Upholds North Carolina Forum Selection Bylaw for Delaware Corporation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 9, 2014
Yesterday, in City of Providence v. First Citizens BancShares, Inc., Chancellor Andre Bouchard of the Delaware Court of Chancery held in a case of first impression that the board of a Delaware corporation may validly adopt a bylaw that designates an exclusive forum other than Delaware for...

 

HTMLWhat Does Delaware’s Wal-Mart Decision Mean for the Attorney-Client Privilege and Internal Investigations?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 2, 2014
The Delaware Supreme Court’s decision in Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, No. 614, 2014 Del. LEXIS 336, 2014 WL 3638848 (July 23, 2014), a Section 220 “books and records” case concerning allegations that Wal-Mart’s Mexican...

 

HTMLSEC Gives $300,000 Whistleblower Award to Audit and Compliance Employee
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 3, 2014
Last week the SEC announced that, for the first time, it had made a whistleblower award to an employee who performs audit and compliance functions at a company. As the SEC noted in its order in the case, although its regulations generally preclude whistleblower awards to employees whose principal...

 

HTMLRecent Russian Sanctions Expansions Include Limits on New Debt and Equity Transactions
Kenneth S. Atlas, Jennifer Radford; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 10, 2014
When the Special Economic Measures (Russia) Regulations were recently amended in late July, they were restructured such that there are now three groups of “designated persons.” The nature of the restructuring has implications for the Canadian financial services sector.

 

HTMLSEC Adopts Rules Regarding Third-Party Due Diligence Reports in Connection With Offerings of Asset-Backed Securities, and Other Rules for Nationally Recognized Statistical Rating Organizations
Charles A. Sweet; Bingham McCutchen LLP;
Legal Alert/Article
September 12, 2014, previously published on September 2, 2014
The Securities and Exchange Commission (the “SEC”) has adopted a variety of rules (the “Adopting Release”) relating to nationally recognized statistical rating organizations (“NRSROs”), as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act...

 

HTMLAugusta/HudBay - B.C. Securities Commission Policy Remains Unchanged
Saqib Butt, Matthew Cumming; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
Over the summer, the British Columbia Securities Commission (BCSC) issued reasons for its previous decision that allowed Augusta Resource Corporation (Augusta) to maintain its shareholder rights plan after a hostile bid was made by HudBay Minerals Inc. (HudBay). The BCSC permitted Augusta’s...

 

HTMLThe Lobbying Act comes into effect on 19 September 2014
Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
September 11, 2014, previously published on September 9, 2014
From 19 September, charities will need to ensure they comply with the terms of the Transparency of Lobbying, Non-party Campaigning and Trade Union Act 2014 (the ‘Lobbying Act’).

 


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