December 2020

Nasdaq Proposes Board Diversity Requirements

This publication was updated and featured in USLAW on March 17, 2021. Click here to view the PDF.Earlier this month, Nasdaq submitted a proposal (the “Proposal”) to the Securities and Exchange Commission (“SEC”) that would require listed companies …

SEC Issues Proposed Amendments Re: Compensatory Offerings (Rule 701 and Form S-8)

On November 24, 2020, the Securities and Exchange Commission (“SEC”) issued two proposed rules relating to compensatory offerings under Rule 701 and Form S-8. The SEC has based its proposed changes in large part on a concept release on this topic, orig…

October 2020

SEC Revises Exchange Act Rule 15c2-11; Key Changes to Retail Investor Protections and Quotations for Over-the-Counter Securities

On September 16, 2020, the Securities and Exchange Commission (“SEC”) adopted amendments to Rule 15c2-11 (the “Rule”) under the Securities Exchange Act of 1934 (the “Exchange Act”), an important component of the over-the-counter (“OTC”) reg…

September 2020

SEC Issues Final Rule Amending Definition of “Accredited Investor”

The Securities and Exchange Commission (“SEC”) has issued a final rule (the “Rule") revising the definition of “accredited investor” under Regulation D promulgated under the Securities Act of 1933 (the “1933 Act”) [Click for link], which defi…

January 2019

Foreign Investments in Certain U.S. Companies Face New Mandatory Filing Requirements

The Committee on Foreign Investment in the United States (CFIUS), is an interagency committee under the U.S. Department of the Treasury, authorized to review certain transactions involving foreign investments in U.S. companies. They have established a new …

October 2018

Key Lessons in Disclosure & Social Media from the Elon Musk and Tesla Inc. Settlement

*The settlement between Musk/Tesla and the SEC was approved by a U.S. District Judge on October 16, 2018. This article was updated accordingly on that date.Elon Musk and Tesla Inc. recently reached a settlement with the SEC, after the commission filed enfo…