Section 363 Sale Survives Collateral Attack by Chapter 7 Trustee
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.
SEC Proposes Amendments to Financial Disclosure Rules, Issues Guidance on MD&A Metrics
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.
The Delicate Dance of Timing Earnings Releases
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.
Human Capital Emerges as Key Governance Issue
Human capital management has emerged as a hot topic in the world of corporate governance and should feature prominently on boards’ agendas in 2020.
Cyber Incidents Seen as Top Business Risk
For the first time ever, cyber incidents ranked as the top business risk globally in the ninth annual Allianz Risk Barometer.
House Overwhelmingly Passes 8-K Trading Gap Act
The U.S. House of Representatives passed the 8-K Trading Gap Act, a bill that would require public companies to put in place policies and procedures to prohibit officers and directors from trading company stock after a significant corporate event has occurred, but before the company has filed a Form 8-K disclosing such event.
Attention Audit Committees: SEC Offers Year-End Observations and Reminders
On December 30, the SEC published a statement highlighting a number of potential areas of focus for audit committees as the 2019 calendar year-end financial reporting season approaches.
SEC Issues Guidance on Disclosure of IP and Technology Risks Associated with International Operations
On December 19, the SEC issued guidance on disclosure obligations that companies should consider with respect to intellectual property and technology risks that may result from conducting business outside the United States.
SEC Issues Updated Guidance on Confidential Treatment Requests
On December 19, the SEC issued updated guidance to assist registrants with the submission of “traditional” confidential treatment requests under Rules 406 and 24b-2. Confidential treatment applications under these rules used to be the primary method for companies to protect confidential information filed in materials contracts.
SEC Proposes Amendments to “Accredited Investor” Definition
On December 18, the SEC proposed amendments to the definition of “accredited investor” in Rule 501(a) of Regulation D to allow more investors to participate in private securities offerings.
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