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Adobe PDFConflict Minerals Disclosure Due Date Approaching; While SEC Staff Issues New Guidance, Court’s Decision Creates Some Uncertainty: D.C. Circuit Holds That Portion of Conflict Minerals Disclosure Rule Violates the First Amendment; Absent Further Developments, Issuers Should Continue to Prepare to File Disclosures by Monday, June 2
Sullivan Cromwell LLP;
Legal Alert/Article
April 23, 2014, previously published on April 17, 2014
The deadline-May 31, 2014, extended to June 2 because May 31 falls on a Saturday-for conflict minerals disclosures responsive to the SEC’s rule under Section 13(p) of the Securities Exchange Act, is quickly approaching.

 

Adobe PDFAppeals Court Finds One Aspect of Conflict-Minerals Reporting to Violate First Amendment and Leaves the Rest Intact
Brooks-Rubin Brad; Holland Hart LLP;
Legal Alert/Article
April 23, 2014, previously published on April 16, 2014
In a much-anticipated ruling, the U.S. Court of Appeals for the D.C. Circuit ruled on April 14, in National Ass'n of Manufacturers v. Securities & Exchange Commission (No. 13-5252, D.C. Cir., Apr. 14, 2014), that the requirement imposed on companies to report in certain circumstances to the...

 

HTMLPWG TRIA Report Released; Prices Remain Low, but Uncertainty Continues
Zachary N. Lerner; Edwards Wildman Palmer LLP;
Legal Alert/Article
April 23, 2014, previously published on April 21, 2014
On April 17, 2014, the President’s Working Group on Financial Markets (“PWG”) released its report (the “Report”) to Congress on the state of terrorism risk insurance, as required under the Terrorism Risk Insurance Act (“TRIA”). The PWG is composed of...

 

HTMLNo Mere Rubber-Stamp: Ontario Court Challenges the Admissibility of Fairness Opinion in Arrangement Transaction
Alfred L. J. Page, David Surat; Borden Ladner Gervais LLP;
Legal Alert/Article
April 23, 2014, previously published on April 22, 2014
A recent decision at the Ontario Superior Court of Justice (Commercial List) brought to the fore the role of fairness opinions in solvent arrangement transactions. In Re Champion Iron Mines Limited (Champion) the court approved the arrangement but deemed the fairness opinion inadmissible on the...

 

HTMLFourth Circuit Affirms Dismissal of Securities Fraud Complaint Where Inference of Scienter Was Not Sufficiently Strong
Bridget Russell, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
In Yates v. Municipal Mortgage & Equity, LLC, No. 12-2496 (4th Cir. Mar. 7, 2014), the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C....

 

HTMLThe Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising, especially given the recent high-profile data breaches, the litigation threats surrounding those...

 

HTMLNew Registration Requirements and Deadline for PRC Domestic PE Funds and Managers
Emily Tsai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 14, 2014
Domestic Chinese private equity managers should take notice of new provisional regulations requiring registration of domestic Chinese private equity managers and filings with the Asset Management Association of China (“AMAC”). Also, Chinese private equity managers should take notice of...

 

HTMLAppellate Court Issues Opinion on SEC’s Conflict Minerals Rule
Curtis M. Dombek; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
Yesterday, the Court of Appeals for the D.C. Circuit issued its opinion in the challenge to the SEC’s Conflict Minerals Rule. We have reviewed the D.C. Court of Appeals decision and find that it leaves much of the SEC’s rule intact. It is specifically the requirement that companies...

 

HTMLUnited States Court of Appeals Holds SEC's Rules Regarding Conflict Minerals Violate First Amendment
Bradley C. Brasser, Charles T. Haag, J. Eric Maki, Joel T. May, Kimberly J. Pustulka; Jones Day;
Legal Alert/Article
April 21, 2014, previously published on April 2014
On April 14, 2014, the United States Court of Appeals for the District of Columbia Circuit held that a portion of the conflict minerals rules adopted by the SEC pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) violates the First...

 

HTMLD.C. Circuit Holds that Conflict Minerals Provision Violates First Amendment
James R. Burke; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
On April 14, 2014, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit (the "Circuit Court") issued its "conflict minerals" opinion in National Association of Manufacturers, et al. v. Securities and Exchange Commission, et al. The...

 


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