Here’s our latest edition of our monthly feature – a quick snapshot of recent developments:
- In late June, the US Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises, et. al. v. Raimondo, et. al. This is undeniably a significant development in the world of administrative law. But this blog explains that there may be less of an upheaval with respect to litigation over SEC regulations than one might think.
- Another key US Supreme Court decision announced in June was SEC v. Jarkesy.The Court ruled that respondents to an SEC enforcement action alleging securities fraud and seeking civil penalties have a right to a federal jury trial. As noted in our client update: “The Jarkesy decision represents the culmination of a years-long debate concerning the scope of the SEC’s enforcement authority.”
- The SEC’s “Spring 2024” Reg Flex Agenda was posted recently. There’s one significant final rulemaking left directly effecting public companies reporting – the shareholder proposal rule amendments currently anticipated for rulemaking by April 2025. Several other rules in the initial drafting stage remain on the agenda.
- The latest installment in Perkins Coie’s “Compliance Collective Series” covered how the DOJ’s new Whistleblower Rewards Program and its Pilot Program on Voluntary Self-Disclosures for Individuals will reshape the factors companies consider when investigating and disclosing any corporate or financial issue that may fall within DOJ’s purview. Check out the archived video.
- Recent SEC whistleblower awards provide a timely reminder of the SEC’s continuing focus on whistleblower protections.
- Although the climate risk disclosure rules continue to be stayed pending litigation that is consolidated in the Eighth Circuit, we are continuing our blog series breaking down the rules. So far we have blogged on Items 1502(a), 1502(b), 1502(c) and 1502(d). Look for additional posts in coming months, which will eventually be consolidated into a guide.