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Non-GAAP “Equal or Greater Prominence” – SEC Enforcement Action Highlights Importance of Compliance

On December 26, 2018, the Securities and Exchange Commission (SEC) settled enforcement proceedings against ADT Inc. involving certain ADT earnings releases that did not comply with SEC non-GAAP disclosure requirements....more

SEC Adopts Final Hedging Policy Disclosure Rules

The Securities and Exchange Commission (SEC) has adopted final rules that will require companies to disclose any practices or policies regarding the ability of employees and directors to engage in certain hedging transactions...more

NYSE Updates Smaller Reporting Company Exemption

The New York Stock Exchange (NYSE) has filed an amendment that will change the threshold for exemptions from NYSE compensation committee requirements for smaller reporting companies (SRCs) under Section 303A.00 of the NYSE...more

SEC Issues New Guidance on Shareholder Proposal Exclusions Under “Ordinary Business” and “Economic Relevance” Grounds

The Division of Corporation Finance (Staff) of the Securities and Exchange Commission (SEC) has issued new guidance on the ability of companies to exclude shareholder proposals from their proxy statements under the “ordinary...more

SEC Report Cautions Public Companies on Internal Controls and Cybersecurity Risks

The Securities and Exchange Commission (the Commission) has published a report of an investigation (the Report) into whether certain public companies that suffered financial losses as a result of cyber-related fraud violated...more

Nasdaq Amends Stockholder Approval Rule for Private Placements

The Securities and Exchange Commission has approved the amended Nasdaq proposal to amend Rule 5635(d), which requires Nasdaq-listed companies to obtain shareholder approval before issuing common stock or securities...more

SEC Disclosure Simplification Amendments Effective November 5, 2018

As described in our two earlier client alerts, SEC Adopts First Steps in Disclosure Simplification (September 12, 2018) and SEC Publishes Guidance on Form 10-Q and Disclosure Simplification (October 1, 2018), the Securities...more

SEC Publishes Guidance on Form 10-Q and Disclosure Simplification

Guidance on how the disclosure simplification amendments adopted on August 17, 2018, will affect upcoming Form 10-Q quarterly reports was published by the staff (Staff) of the Securities and Exchange Commission (SEC) Division...more

SEC Adopts First Steps in Disclosure Simplification

After several years and a number of studies and related actions, the Securities and Exchange Commission (SEC) has adopted a series of amendments to its rules and forms that deal with requirements that have become “redundant,...more

SEC Adopts Mandatory Inline XBRL

The Securities and Exchange Commission has amended its eXtensible Business Reporting Language (XBRL) rule to require operating companies to present XBRL financial statement information in “inline” format. Subject to a...more

SEC Expands Smaller Reporting Company Eligibility

The Securities and Exchange Commission (SEC) has adopted amendments that will increase the number of companies eligible to take advantage of the SEC’s reduced, or scaled, disclosure rules as a “smaller reporting company” or...more

NYSE Eliminates Proxy Statement Paper Filing Requirement for Proxy Materials

The Securities and Exchange Commission has approved a New York Stock Exchange proposal to eliminate the requirement to send hard copies of proxy materials to the NYSE if the proxy materials are available on the SEC’s EDGAR...more

SEC Reiterates Cybersecurity Guidance and Provides Color on Disclosure Implications

On February 20, 2018, the Securities and Exchange Commission published Commission Statement and Guidance on Public Company Cybersecurity Disclosures (the “Release”), which states the Commission’s interpretive views on...more

SEC Approves NYSE Non-IPO Listing Amendments

On February 2, 2018, the Securities and Exchange Commission (SEC) approved amendments to the listing standards of the New York Stock Exchange (NYSE) that will permit companies to seek a direct listing of their common equity...more

New PCAOB Audit Standard for Audit Reports

The Public Company Accounting Oversight Board (PCAOB) recently published interpretive guidance on audit reporting standard AS 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses an...more

Disclosure of Accounting Impact of the Tax Cuts and Jobs Act in SEC Reports

On December 22, 2017, the Office of the Chief Accountant (the OCA) and the staff of the Division of Corporation Finance (the Staff) of the Securities and Exchange Commission published guidance relating to financial accounting...more

SEC Approves Revised NYSE Rule Delaying Material News Releases After Closing

The Securities and Exchange Commission has approved a revised version of the previously proposed New York Stock Exchange rule that will prohibit listed companies from issuing material news after the close of trading...more

SEC Releases Proposed Amendments to Modify and Simplify Public Company Disclosure

The SEC has proposed many amendments to its disclosure requirements for public company reports and offering documents, based in large part on the SEC staff study contained in its FAST Act Report. Although largely technical,...more

NYSE Proposes Change in Material News Releases After Closing

The New York Stock Exchange has filed a proposal that will prohibit listed companies from issuing material news after the close of trading (generally 4:00 p.m. Eastern Time) until the earlier of the publication of the...more

Planning for the Approaching CEO Pay Ratio Disclosure Requirement

It appears likely that the CEO pay ratio disclosure rule adopted by the Securities and Exchange Commission in 2015 will require companies that are subject to the rule to begin including CEO pay ratio disclosure for 2017...more

NYSE Seeks to Delay Dividend Notification Change

The New York Stock Exchange (“NYSE”) is seeking to delay the implementation of its recently-adopted dividend notification requirements until no later than February 1, 2018....more

Reminder: SEC Exhibit Hyperlink and HTML Format Rules Become Effective September 1

Beginning September 1, 2017, rules adopted in March 2017 by the Securities and Exchange Commission (SEC) will require companies to include active hyperlinks to exhibits in most reports filed with the SEC under the Securities...more

SEC Begins Accepting Nonpublic Draft IPO Registration Statements from All Filers

On July 10, 2017, the SEC will begin allowing all filers to voluntarily submit nonpublic, draft registration statements for initial public offerings and certain other registrations. This expands a popular provision of the...more

SEC Amends Forms and Rules for JOBS Act, Adopts Indexed EGC Definition

The SEC has adopted a number of amendments to its forms and rules to reflect changes that resulted from the JOBS Act. The amendments will affect all public companies, including EGCs, as follows: All Domestic Public...more

SEC Shortens Settlement Cycle to T+2

The Securities and Exchange Commission has adopted an amendment that will shorten the standard settlement cycle for most broker-dealer transactions from T+3 to T+2. Related amendments to rules of the New York Stock Exchange,...more

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