In September 2024, the US Securities and Exchange Commission (SEC) adopted rule changes to its Electronic Data Gathering, Analysis, and Retrieval (EDGAR) file access and account management system (EDGAR Next), which went into...more
On June 4, the US Securities and Exchange Commission (SEC) published a concept release soliciting public comment on potential amendments to the definition of foreign private issuer (FPI) under US securities laws....more
6/25/2025
/ Capital Markets ,
Disclosure Requirements ,
Foreign Private Issuers ,
Investment ,
Proposed Amendments ,
Proposed Rules ,
Publicly-Traded Companies ,
Regulatory Oversight ,
Regulatory Reform ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On April 4, US Securities and Exchange Commission (SEC) Commissioner Caroline A. Crenshaw, the sole Democrat serving as a Commissioner, issued a statement critiquing the Division of Corporation Finance’s analysis in its...more
On March 27, the US Securities and Exchange Commission (SEC) announced that it will no longer defend Biden-era regulations requiring large corporations to disclose the impacts of climate change on their businesses. This...more
In December 2024, the Nasdaq Stock Market LLC submitted a proposal to the US Securities and Exchange Commission (SEC) to modify its requirements for calculating the minimum Market Value of Unrestricted Publicly Held Shares in...more
3/28/2025
/ Capital Markets ,
Fair Market Value ,
Initial Public Offering (IPO) ,
Liquidity ,
Listing Rules ,
Nasdaq ,
Proposed Rules ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Shareholders
On March 12, the US Securities and Exchange Commission (SEC), via a No Action Letter, issued interpretive guidance clarifying what constitutes “reasonable steps” issuers can take to verify purchasers’ accredited investor...more
On March 3, the US Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced that it is expanding the accommodations available to issuers submitting nonpublic draft registration statements for staff...more
3/13/2025
/ Capital Markets ,
Corporate Governance ,
Disclosure Requirements ,
Filing Requirements ,
Initial Public Offering (IPO) ,
Publicly-Traded Companies ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation ,
Special Purpose Acquisition Companies (SPACs)
On January 17, the US Securities and Exchange Commission (SEC) approved Nasdaq’s proposed rule changes addressing companies that fail to meet the minimum bid price requirements of $1 per share and the subsequent delisting...more
On December 11, 2024, the US Court of Appeals for the Fifth Circuit ruled that the Securities and Exchange Commission (SEC) lacked statutory authority to approve Nasdaq’s board diversity rules. Subject to certain exceptions,...more
1/27/2025
/ Appeals ,
Board of Directors ,
Corporate Governance ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Nasdaq ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation ,
Statutory Interpretation
Last November, Nasdaq proposed a rule change that would lengthen the notification period for companies conducting reverse stock splits from five business days to 10 calendar days. The rule change became effective immediately...more
1/16/2025
/ Capital Markets ,
Compliance ,
Corporate Governance ,
Disclosure Requirements ,
Financial Industry Regulatory Authority (FINRA) ,
Listing Rules ,
Nasdaq ,
Proposed Rules ,
Reverse Stock Splits ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation
On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports.
The SEC has...more
3/14/2024
/ Annual Reports ,
Canada ,
Capital Markets ,
Climate Change ,
Compliance ,
Deadlines ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
GAAP ,
Greenhouse Gas Emissions ,
Risk Management ,
Securities and Exchange Commission (SEC)
The US Securities and Exchange Commission (SEC) recently issued a highly anticipated decision authorizing the listing and trading of spot Bitcoin exchange-traded products (ETPs) on national listing exchanges. The decision...more
US Securities and Exchange Commission (SEC) Chair Gary Gensler led an open meeting on January 24, 2024, hosting discussions that evaluated the potential benefits and pitfalls associated with the adoption of proposed rules...more
On December 18, 2023, the US Securities and Exchange Commission’s (SEC) new rules enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by companies who...more
12/21/2023
/ Cybersecurity ,
Disclosure Requirements ,
FBI ,
Form 10-K ,
Form 8-K ,
Governance Standards ,
Incident Response Plans ,
New Rules ,
Popular ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Smaller Reporting Companies
This public offering purportedly raised approximately $8.2 million from investors to finance Stoner Cats, an adult animated television show featuring house cats that gain sentience after exposure to their owner’s medical...more
10/2/2023
/ Cease and Desist Orders ,
Compensation ,
Enforcement ,
Initial Public Offering (IPO) ,
Investors ,
Non-Fungible Tokens (NFTs) ,
Royalties ,
Securities ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Unregistered Securities
On August 28, 2023, the US Securities and Exchange Commission (SEC) charged media and entertainment company, Impact Theory, LLC, with violating the Securities Act of 1933 by making an unregistered offering of securities in...more
On August 4, 2023, celebrity singer Austin Mahone entered into a settlement agreement with the US Securities and Exchange Commission (SEC) after being sued in the US District Court for the Southern District of New York (SDNY)...more
8/28/2023
/ Advertising ,
Celebrity Endorsements ,
Cryptoassets ,
Digital Assets ,
Disgorgement ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Non-Fungible Tokens (NFTs) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Settlement
The US District Court of the Southern District of New York has appeared to hand digital asset sellers their first victory, albeit partial, amidst a flurry of enforcement actions by the US Securities and Exchange Commission...more
On March 9, 2023, a putative class action was filed against DraftKings Inc. for alleged violations of federal securities laws in the US District Court for the District of Massachusetts. The class, if certified, will include...more
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the...more
10/13/2022
/ Bitcoin ,
Blockchain ,
Civil Monetary Penalty ,
Corporate Counsel ,
Cryptoassets ,
Digital Assets ,
Ethereum ,
Initial Coin Offering (ICOs) ,
Initial Public Offering (IPO) ,
Jurisdiction ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities ,
Securities and Exchange Commission (SEC)
On March 30, 2022, the US Securities and Exchange Commission (the "SEC" or “Commission”), in a three-to-one vote of its commissioners divided along political lines, approved the issuance of proposed rules (“Proposed Rules”)...more