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HTMLSecurities and Exchange Commission Considers Changes to CEO Pay Ratio Rule
Pamela B. Greene; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 8, 2017
SEC Acting Chairman Michael S. Piwowar issued a public statement on February 6, 2017 requesting input on any unexpected challenges that companies have experienced as they prepare for compliance with the CEO pay ratio rule, which will become required disclosure in public company 2018 proxy...

 

HTMLEquity Shares as Bonus or Compensation for Private Startup Companies
Jake Posey; The Posey Law Firm, P.C.;
Legal Alert/Article
March 13, 2017, previously published by HG.org on Winter 2016
A new trend in the gig economy is to offer unusual forms of compensation for work. Private companies, as well as publically traded companies, can offer equity shares as part of a compensation package for employees and independent contractors. There are legal, tax, and accounting issues when private...

 

HTMLCenter for Audit Quality Publishes Tool to Assist Audit Committees’ Oversight of New Revenue Recognition Standard
Greenberg Traurig LLP;
Legal Alert/Article
March 10, 2017, previously published on January 30, 2017
The Center for Audit Quality (CAQ) recently released a new publication, Preparing for the New Revenue Recognition Standard, A Tool for Audit Committees, designed to help audit committee members fulfill their oversight responsibilities. This publication comes on the heels of the SEC Staff’s...

 

HTMLDelaware Chancery Court Strikes Down Supermajority Director Removal Bylaw
Greenberg Traurig LLP;
Legal Alert/Article
March 9, 2017, previously published on January 31, 2017
On Jan. 24, 2017, the Delaware Chancery Court invalidated a corporate bylaw requiring a supermajority vote of the outstanding shares to remove a director.

 

HTMLDelaware Chancery Court Holds Fee-Shifting Bylaw Invalid
Greenberg Traurig LLP;
Legal Alert/Article
March 9, 2017, previously published on January 31, 2017
On Dec. 27, 2016, the Delaware Chancery Court ruled that a fee-shifting bylaw was invalid. The fee-shifting bylaw provided that a stockholder who brought an internal corporate claim against the company outside of Delaware would be responsible for the company’s attorneys’ fees and...

 

HTMLSEC Announces Settlement with Issuer Regarding Undisclosed Perks and Improper Use of Non-GAAP Financial Measures
Greenberg Traurig LLP;
Legal Alert/Article
March 9, 2017, previously published on January 31, 2017
On Jan. 18, 2017, the SEC settled charges alleging that the issuer (i) failed to disclose certain perquisites paid to its then Chairman and CEO and (ii) violated disclosure rules regarding non-GAAP financial measures.

 

HTMLAudit Analytics Reports on Top Issues in 2016 SEC Comment Letters
Greenberg Traurig LLP;
Legal Alert/Article
March 9, 2017, previously published on January 30, 2017
Audit Analytics recently released its “big picture” review of SEC comment letter activity for the first six months of 2016. The SEC issued 2,491 comment letters to 808 reporting companies in the first six months of 2016, a considerable decline compared to 3,166 and 4,348 letters filed...

 

HTMLSEC Permits Exclusion of Shareholder Proposals Regarding Virtual-Only Shareholder Meetings and Greenhouse Gas Reductions
Greenberg Traurig LLP;
Legal Alert/Article
March 9, 2017, previously published on January 30, 2017
The SEC recently issued no-action letters permitting companies to exclude shareholder proposals relating to virtual-only shareholder meetings and greenhouse gas reductions under the “ordinary business operations” exception.

 

HTMLHow To Avoid General Solicitation In A Rule 506(B) Private Offering Of Securities
Ilirjan Pipa; McDonald Hopkins LLC;
Legal Alert/Article
March 7, 2017, previously published on January 30, 2017
The most popular exemption from registration that companies utilize when raising funds in a private offering of securities is the one provided by Rule 506(b) of Regulation D. Rule 506(b) generally provides that companies may procure unlimited investments from an unlimited number of accredited...

 

HTMLSEC May Leverage Investigation of Yahoo! Data Breaches to Clarify Prior Guidance
Brian Lam, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2017, previously published on January 26, 2017
The Securities and Exchange Commission (SEC) is investigating whether Yahoo! should have reported the two massive data breaches it experienced earlier to investors, according to individuals with knowledge. The SEC will probably question Yahoo as to why it took two years, until September of 2016, to...

 


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