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SEC Enhances Focus on Climate Change Disclosure, Requests Public Comment

The Ticker

April 2, 2021

On February 24, 2021, Acting SEC Chair Allison Herren Lee issued a statement directing the SEC’s Division of Corporation Finance to enhance its focus on climate-related disclosure in public company filings.

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Climate, ESG Issues are ‘Front and Center’ at SEC

The Ticker

April 2, 2021

Several other recent SEC actions and statements make it clear that climate change and other environmental, social and governance (ESG) issues are now top priorities for the regulator.

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SEC Enforcement Action Alleges Selective Disclosure of Material Nonpublic Information to Wall Street Analysts

The Ticker

April 2, 2021

On March 5, 2021, the SEC announced that it had charged a large telecommunications company with repeatedly violating Regulation FD, and three of its investor relations executives with aiding and abetting the company’s violations by selectively disclosing material nonpublic information to research analysts.

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SEC Enforcement Action Highlights Importance of Disclosing Executive Perks and Related Person Transactions

The Ticker

April 2, 2021

On February 24, 2021, the SEC announced settled charges against a gas exploration and production company and its former CEO for failing to properly disclose approximately $650,000 worth of perks, as well as for failing to disclose certain related person transactions.

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Boardroom Culture: Insights from Behavioral Psychology

The Ticker

April 2, 2021

According to a recent publication from PwC’s Governance Insights Center, no boardroom culture is perfect, and insights from behavioral psychology might explain what’s holding boards back.

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Current Developments with Rent Obligations in Chapter 11 Bankruptcies

The Restructuring Report

February 25, 2021

Prior to the COVID-19 pandemic, the Bankruptcy Code generally has been interpreted to require debtors to pay rent obligations on time under unassumed real property leases as those obligations arose post-filing and pre-rejection. This result was driven by 11 U.S.C. § 365(d)(3), which requires the debtor to “timely perform” all obligations until the lease is assumed or rejected, with one narrow exception.

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Where to Start When Winding Down a Business?

The Restructuring Report

February 25, 2021

The most important part of the process is assessing the alternative methods to wind down a business, choosing the right approach and executing on the plan.

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Do Nonprofits Need to Comply with the Absolute Priority Rule?

The Restructuring Report

February 25, 2021

As financial distress grows due to the pandemic, charitable organizations are faced with two immovable forces–increased demand from hard hit communities and decreased funding due to both the economic hardships facing many donors and the cancellation of most live fundraising events.

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Recap of SEC Rulemaking and Guidance in 2020

The Ticker

February 12, 2021

Given a global pandemic, civil unrest and a divisive presidential campaign, even the most loyal readers of The Ticker may have struggled to keep track of the SEC’s rulemaking and guidance during what was a very active year for the regulator. Here is a recap of the most significant SEC rulemaking and guidance in 2020, including links to earlier posts.

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SEC Issues Guidance Regarding Securities Offerings During Times of Extreme Price Volatility

The Ticker

February 12, 2021

On February 8, 2021, the SEC’s Division of Corporation Finance issued guidance in the form of a sample comment letter to companies seeking to conduct securities offerings amid extreme market and price volatility.

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