Securities & Capital Markets
Viewpoints
Filter by:
SEC Adopts Final Cybersecurity Rules for Public Companies
August 1, 2023 | Blog | By Cynthia Larose, John Condon, Michael Katz, Stefan Jović
The SEC adopted its final rules and amendments concerning cybersecurity risk management, strategy, governance, and incident disclosure (the “Final Rule”) on July 26, 2023. In this article we highlight some of the principal changes to the cybersecurity rules first proposed by the SEC more than 16 months prior.
Read more
SEC Adopts Amendments to Rule 10b5-1 Insider Trading Arrangements
December 27, 2022 | Blog | By Anne Bruno, Page R. Hubben
Financing Options for Life Sciences Companies in 2022
March 21, 2022 | Blog
Public and private life science companies have multiple options available for capital-raising. Here are a few to be considered.
Read more
The Public Weighs In On How the SEC Should Regulate ESG Disclosures
June 22, 2021 | Blog | By Jacob Hupart, Ellen Shapiro
2021’s Continued SPAC Boom Invites Heightened SEC Scrutiny of SPAC Transactions
March 26, 2021 | Blog | By Thomas Burton, John Sylvia, Sahir Surmeli, Patrick E. McDonough
Not So Fast: DOL Changes Course on Trump-Era ESG Investment Rule
March 22, 2021 | Blog | By Alyssa C. Scruggs
The United States Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) announced on March 10, 2021 that it will not enforce certain final rules put into place under President Trump related to environmental, social, and governance (“ESG”) investing.
Read more
The OASB Annual Report to Congress for Fiscal Year 2020
March 15, 2021 | Blog | By Amanda Mei
In January 2019, the Office of the Advocate for Small Business Capital Formation (the “Office”) was formed “to advance the interests of small businesses and their investors at the SEC and in the capital markets.” These small businesses include early-stage start-ups, small public companies, and everything in between. Each year, the Office prepares an annual report to Congress, which among other things, explains issues that small businesses face with respect to raising capital, including a focus on minority- and women-owned businesses. Included are some of the highlights from this year’s annual report, including a few of the Office’s recommendations to Congress.
Read more
Interactive Brokers LLC Submits to SEC, FINRA, and CFTC Penalties Totalling $38 Over Widespread AML Failures
August 19, 2020 | Blog | By Pete Michaels, Michael Pastore
Is it Time to Appoint a New Director? Five Corporate Governance Considerations for Board Members
August 17, 2020 | Blog
Regardless of size or industry, thoughtful director appointment is critical to the success of any public company. Yet following the departure of a director, many boards are left scrambling to locate and onboard a suitable replacement. Even boards that purposely undertake to increase the number of directors may struggle to balance numerous (and sometimes competing) concerns. Below are a few pointers for promoting good corporate governance practices when appointing a new director.
Read more
COVID-19 Relief Programs: Mitigating and Responding To Enforcement Risk
June 22, 2020 | Blog | By Brian Dunphy, Jane Haviland, Nicole Henry, Karen Lovitch
Since the early days of the pandemic, Mintz’s COVID-19 Compliance & Enforcement Defense Task Force has closely monitored and advised clients on the evolving COVID-19 relief programs, including those created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act provided for over $2 trillion in relief funds, which is the largest emergency assistance package in American history. The numerous CARES Act programs have continued to develop through, among other things, the passage of the Paycheck Protection Program and Health Care Enhancement Act, the Paycheck Protection Program Flexibility Act of 2020, and rapidly changing regulatory guidance and FAQs. As one example, the government recently wrestled with whether to make public the list of about 4.6 million entities that received more than $500 billion from the Paycheck Protection Program (PPP) under the CARES Act. After initially refusing to disclose PPP loan recipients, the Small Business Administration and Treasury Department decided to make public the names of entities that received loans larger than $150,000, as well as the dollar range of each loan.
Read more
SEC is Sued to Stop Collection of Personal Data of Retail Investors
May 19, 2020 | Blog
The American Securities Association (“ASA”), a financial industry trade association representing regional and small financial services companies, has sued the Securities and Exchange Commission (“SEC”) to prevent the SEC from using the Consolidated Audit Trail (the “CAT”) initiative to gather personal data of retail investors.
Read more
SBA Issues Additional Guidance Regarding “Necessity” Certification Required under the CARES Act
May 13, 2020 | Blog | By Hope Foster, Karen Lovitch, Joseph Price, Sahir Surmeli
Today the Small Business Administration (SBA) issued additional guidance with respect to the “necessity” certification required under the CARES Act in connection with the Paycheck Protection Program (PPP). The relevant guidance appears in FAQ 46, and it is very good news for borrowers who received PPP loans under $2 million (together with PPP loans to affiliates, if any). The SBA, in consultation with the U.S. Department of Treasury, has determined that a safe harbor will apply with respect to SBA’s review of the certification of necessity in connection with respect to such loans. Specifically, “[a]ny borrower that, together with its affiliates, received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.”
Read more
SEC Brings Action Against Company and its CEO for Alleged COVID-19 Scam
April 30, 2020 | Blog
In what will likely be the first of many, the SEC brought an action against a company for false and misleading press releases related to the COVID-19 pandemic.
Read more
FINRA Issues Guidance to Small Firms on Annual Assessment and Net Capital due to COVID-19
April 23, 2020 | Blog | By Pete Michaels
Due to the economic impact of COVID-19, especially on smaller broker-dealers, FINRA will allow small firms more time to pay their Annual Assessment (comprised of the Gross Income Assessment and the Personal Assessment).
Read more
State Securities Regulators Renew Warnings of COVID-19 Investment Scams
April 17, 2020 | Blog
Several State Securities Regulators continue to warn investors of investment scams involving COVID-19.
Read more
FINRA Agrees with SEC Regarding Enforcement of Regulation BI in Light of COVID-19
April 10, 2020 | Blog
SEC (OCIE) Issues Risk Alerts Concerning Reg. BI
April 9, 2020 | Blog
The SEC’s Office of Compliance Inspection and Examinations (OCIE) issued two risk alerts relating to Regulation Best Interest (Reg. BI).
Read more
Delaware Governor Issues Order Clarifying Notice Requirements for Virtual-Only Shareholder Meetings due to COVID-19
April 7, 2020 | Blog | By Anne Bruno
SEC Says No Reg. BI Extension Despite COVID-19 Concerns
April 6, 2020 | Blog
In a Statement on April 2, the Chairman of the Securities and Exchange Commission (SEC), Jay Clayton, announced that the June 30, 2020 timeline for implementation of Regulation Best Interest (“Reg. BI”) will remain.
Read more
State Securities Regulators Adapt in Response to COVID-19
April 3, 2020 | Blog | By Pete Michaels, Michael Pastore
As financial professionals struggle to adapt during these trying times, securities regulators are also revising their processes and procedures to address the current realities of investor protection in the time of COVID-19 while being fair to the regulated entities.
Read more
Viewpoint Editors
Breton Leone-Quick
Member
Nancy D. Adams
Member / Co-chair, Insurance Practice
John Condon
Steve Ganis
Member
Marc D. Mantell
Member / Co-Chair, Mergers & Acquisitions Practice
Joel D. Rothman
Special Counsel
John F. Sylvia
Member / Co-chair, Securities Litigation Practice
Jonathan L. Kravetz
Member / Chair, Securities & Capital Markets Practice; Co-chair, Life Sciences Practice
John T. Rudy
Member / Co-chair, Securities & Capital Markets Practice
Laurence A. Schoen
Member
Explore Other Viewpoints:
- Antitrust
- Appellate
- Arbitration, Mediation & Alternate Dispute Resolution
- Artificial Intelligence
- Awards
- Bankruptcy & Restructuring
- California Land Use
- Class Action
- Complex Commercial Litigation
- Construction
- Consumer Product Safety
- Cross-Border Asset Recovery
- Debt Financing
- Direct Investing (M&A)
- Diversity
- EB-5 Financing
- Education & Nonprofits
- Employment
- Energy & Sustainability
- Environmental Enforcement Defense
- Environmental Law
- FDA Regulatory
- Federal Circuit Appeals
- Financial Institution Litigation
- Government Law
- Growth Equity
- Health Care
- Health Care Compliance, Fraud and Abuse, & Regulatory Counseling
- Health Care Enforcement & Investigations
- Health Care Transactions
- Health Information Privacy & Security
- IP Due Diligence
- IPRs & Other Post Grant Proceedings
- Immigration
- Insolvency & Creditor Rights Litigation
- Institutional Investor Class Action Recovery
- Insurance & Financial Services
- Insurance Consulting & Risk Management
- Insurance and Reinsurance Problem-Solving & Dispute Resolution
- Intellectual Property
- Investment Funds
- Israel
- Licensing & Technology Transactions
- Life Sciences
- Litigation & Investigations
- M&A Litigation
- ML Strategies
- Medicare, Medicaid and Commercial Coverage & Reimbursement
- Mergers & Acquisitions
- Patent Litigation
- Patent Prosecution & Strategic Counseling
- Pharmacy Benefits and PBM Contracting
- Portfolio Companies
- Privacy & Cybersecurity
- Private Client
- Private Equity
- Pro Bono
- Products Liability & Complex Tort
- Projects & Infrastructure
- Public Finance
- Real Estate Litigation
- Real Estate Transactions
- Real Estate, Construction & Infrastructure
- Retail & Consumer Products
- Securities & Capital Markets
- Securities Litigation
- Special Purpose Acquisition Company (SPACs)
- Sports & Entertainment
- Strategic IP Monetization & Licensing
- Tax
- Technology
- Technology, Communications & Media
- Technology, Communications & Media Litigation
- Trade Secrets
- Trademark & Copyright
- Trademark Litigation
- Venture Capital & Emerging Companies
- White Collar Defense & Government Investigations
- Women's Health and Technology