Leading Investor Group Urges Companies to Simplify Executive Compensation
On September 18, the CII announced that it had overhauled its Policies on Executive Compensation to urge public companies to, among other things, “dial back the complexity of their executive compensation plans and set longer periods for measuring performance for incentive pay.”
International Politics and the SEC: Regulator Focuses on Brexit and Sanctions
Chaotic international politics—particularly the uncertainty surrounding Brexit and the Trump administration’s increasing use of sanctions as a foreign policy tool—are complicating public companies’ SEC compliance obligations.
Increased Fees for SEC Filers; SEC Oversight Hearing Streaming Live Tomorrow Morning!
On August 23, the SEC issued a fee advisory, setting the filing fees that public companies and other issuers will pay in fiscal year 2020 to register their securities with the SEC.
Supreme Court Clarifies Treatment of Trademarks in Bankruptcy Cases
A recent Supreme Court decision resolves an important question regarding what rights a non-debtor licensee has to continue to use a trademark under a rejected lease and may also have broader ramifications on the rights of contract parties when a contract is rejected under Section 365.
New Bankruptcy Laws Attempt to Assist Family Farming Operations and Small Businesses
Congress recently passed the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019, intended to make the Chapter 12 and Chapter 11 processes more accessible to family farming operations and small business debtors, respectively.
Chapter 11 Bankruptcy Uses and Strategies—What Can Be Accomplished?
Chapter 11 bankruptcy is an important and powerful tool to address financial challenges that a company and its decision-makers may be facing. While the process has its challenges, understanding the rights afforded and strategic advantages available through the Chapter 11 process is critical.
SEC Proposes Amendments to Regulation S-K to Modernize Disclosures of Business, Legal Proceedings and Risk Factors
On August 8, the SEC proposed amendments to modernize the description of business, legal proceedings and risk factor disclosures that registrants are required to make pursuant to Regulation S-K.
Key Takeaways from the 2019 Proxy Season
The Ernst & Young Center for Board Matters recently published a report on the 2019 proxy season, highlighting five key takeaways and offering related questions for boards to consider.
The Emergence of a New Standard for Director Overboarding
Another key takeaway from the 2019 proxy season is the emergence of a new, stricter standard for what constitutes director “overboarding.”
Sarbanes-Oxley Compliance Remains Costly and Time Consuming
“Seventeen years after passage of the Sarbanes-Oxley Act (SOX), those not involved in SOX compliance might assume that by now it would be a rote activity requiring diminishing effort. They would be wrong.” So begins a recent CFO.com article discussing the results of Protiviti’s 2019 Sarbanes-Oxley Compliance Survey.
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