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SEC Extends Filing Deadlines by 45 Days for Companies Affected by Coronavirus

The Ticker

March 12, 2020

On March 4, the SEC issued an order that temporarily exempts companies affected by COVID-19 from certain filing requirements, including requirements to file periodic reports, annual reports and proxy statements.

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Coronavirus Interrupts Business as Usual at the SEC

The Ticker

March 12, 2020

In addition to extending filing deadlines for affected companies, the regulator has asked its employees to work from home, postponed a conference on municipal securities and cancelled a public vote on a (subsequently adopted) proposal to ease audit requirements for smaller companies.

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SEC Adopts Amendments to “Accelerated Filer” and “Large Accelerated Filer” Definitions

The Ticker

March 12, 2020

On March 12, the SEC adopted amendments to the “accelerated filer” and “large accelerated filer” definitions in Exchange Act Rule 12b-2 that will have the primary effect of exempting smaller companies from the requirement to obtain an attestation of their internal control over financial reporting (ICFR) from an independent outside auditor.

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SEC Proposes Amendments to Exempt Offering Framework

The Ticker

March 12, 2020

On March 4, the SEC proposed amendments to the exempt offering framework with the aims of reducing regulatory complexity, facilitating capital formation and expanding investment opportunities.

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Coronavirus Increases Interest in Virtual Shareholder Meetings

The Ticker

March 12, 2020

Virtual shareholder meetings continue to rise in popularity, with interest recently reaching fever pitch due to concerns surrounding COVID-19.

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Another Chapter in the Bankruptcy Code?

The Restructuring Report

February 11, 2020

After Congress amended the Bankruptcy Code in 2019 to provide additional relief to farmers and small businesses, could Congress be poised to make yet another change to the Bankruptcy Code in 2020?

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Keeping Your Bankruptcy Practice in the Twenty-First Century: The Expanding Issue of Cryptocurrency

The Restructuring Report

February 11, 2020

What is cryptocurrency? Bankruptcy practitioners and the courts better figure it out soon as the growth in popularity of cryptocurrencies continues to create new legal issues under the Bankruptcy Code.

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Section 363 Sale Survives Collateral Attack by Chapter 7 Trustee

The Restructuring Report

February 11, 2020

A recent Eighth Circuit decision protected an important aspect of the Chapter 11 process, the sale of substantially all of the assets of a debtor, while also providing two key practice pointers for estate professionals when conducting a sale process.

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SEC Proposes Amendments to Financial Disclosure Rules, Issues Guidance on MD&A Metrics

The Ticker

February 10, 2020

On January 30, the SEC proposed amendments to certain financial disclosure requirements in Regulation S-K with the aim of reducing duplicative disclosure and focusing on material information. The SEC also issued guidance on disclosure of key performance indicators and metrics in MD&A.

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The Delicate Dance of Timing Earnings Releases

The Ticker

February 10, 2020

Which day of the week is optimal for reporting financial results? The calculus facing CFOs and heads of investor relations when timing earnings releases is surprisingly complex.

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