On February 19, 2019, the Securities and Exchange Commission voted to propose a new rule that would expand the availability of the “testing-the-waters” provisions that enable eligible companies to engage in certain communications to gauge institutional investor interest in a
Gunster
Gunster is a Florida-based law firm with over 320 attorneys and consultants collaborating across more than 30 practice and industry teams. The firm provides legal services tailored to business clients, focusing on sectors such as construction, energy and utilities, healthcare, real estate, and transportation and logistics. Gunster publishes insights and news that address regulatory, corporate governance, and transactional issues relevant to these industries. Their content often discusses legal developments, compliance challenges, and strategic considerations for businesses operating in Florida and beyond. The firm also engages with topics like shareholder proposals, proxy advisory firms, and the impact of technology on corporate governance.
Website:
https://gunster.com
Latest from Gunster - Page 11
When disclosure isn’t enough (or, fix those controls!)
As securities lawyers know, disclosure is generally regarded as the best disinfectant. However, in a recent enforcement action, the SEC determined that disclosure is not always enough. Specifically, when it comes to internal controls over financial reporting, or ICFR,…
Minutes count (as do other formalities)
In case you think that corporate minutes and other corporate formalities are for sissies, think again. And read the opinion in the case of KT4 Partners vs. Palantir, decided by the Delaware Supreme Court in January 2019.
KT4 had…
Hip, hip, Reg A! — Reporting companies can now use Reg A+ and may find it a viable capital raising alternative
On December 19, 2018, the SEC adopted final rules allowing reporting companies to rely on the Regulation A exemption.
How did we get here?
The SEC adopted a new – and greatly improved – Regulation A, known as Reg…
My 10 Best Books of 2018
Each January, I depart from my admittedly nerdy focus on SEC and governance matters to communicate with you on one of my other admittedly nerdy pursuits – reading – by providing a list of my 10 favorite books of the…
Ho, Ho, Uh-Oh: The SEC continues to focus on non-GAAP disclosures
Lest you think that the SEC’s focus on the use of non-GAAP financial metrics is so, well, 2018, think again. On December 26, the SEC issued a cease-and-desist order against a company based entirely on the company’s use of non-GAAP…
SEC seeks public comments on quarterly reporting for public companies
Following a tweet from the President last August, the SEC has begun the process of reviewing the existing quarterly reporting regime and will be further exploring possible changes that may ease administrative and other burdens on public companies. Specifically, the…
To pay ratio advocates, nothing succeeds like excess
As we approach the end of 2018, it’s only natural to look back on some of the year’s events – and some non-events. For my money, one of the most significant non-events was the inauguration of CEO pay ratio disclosure,…
SEC gets tough on cryptocurrency promotions
The SEC recently settled charges against two prominent celebrities in connection with the promotion of initial coin offerings. Boxer Floyd Mayweather Jr. and music producer and social media star DJ Khaled were charged in separate incidents with failing to disclose…
Musk tweet helps Tesla go up in smoke
Photo by Jan Kaláb
Step away from the phone! That’s the message Elon Musk, the now former Chairman of Tesla and habitual Twitter user, should have heeded in August before he sent one of his…