Under pressure from shareholder groups, investors and customers, you might already have “green initiatives” in your business plan, and you probably have already identified risks related to climate change and other social and environmental factors. Is there a way to
IPO, Then What?
The Foley Hoag IPO, Then What? blog focuses on the issues facing companies going public, but recognizes that the IPO is the start and not the end of the story. We know that the issues facing public companies change rapidly and we cover the topics that we know are on the minds of management, board members and in-house counsel.
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President Biden’s “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration’s ESG Commitments
On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden Administration’s stance towards climate-finance…
Watch Now: M&A Forum – SPACs – Fad or Here to Stay
Special purpose acquisition companies (SPACs) have been gaining traction as one of the most popular exit strategies over the last year. They have been pitched as an easier way to go public because of the ease of working with one…
GE Agrees to Pay $200 Million Penalty to Settle SEC Enforcement Action for Disclosure Violations
Last month, General Electric agreed to pay a $200 million penalty to settle an SEC enforcement action arising from alleged disclosure violations concerning the company’s power and health insurance businesses. According to the SEC’s order, between 2015 and 2017,…
Incoming SEC Chairman Likely To Push For More ESG Disclosure
In a recent post, we examined the growing clash within the SEC over whether to mandate and standardize disclosure by public companies of business impacts and risks associated with Environmental, Social, and Governance (ESG) concerns. Some at the SEC…
“Finders” Operating in Massachusetts Should Beware the SEC’s Proposed Relief
- The SEC recently proposed to exempt certain finders from federal requirements to register as a broker
- Massachusetts regulators are opposed to the relief and retain state remedies for unregistered broker activity
The SEC recently proposed to grant an exemption to…
Primary Direct Listings
What you need to know about this IPO alternative
On December 22, 2020, the Securities and Exchange Commission (SEC) approved a NYSE rule that permits an issuer, at the time of an initial listing on the NYSE, to conduct a…
New law aimed at US-listed Chinese companies may impact other public companies with Chinese operations
SEC Brings First Enforcement Action Against Issuer for Disclosures About Financial Effects of COVID-19
On December 4, 2020, the SEC brought its first case charging a public company, The Cheesecake Factory, with making misleading disclosures about the effects of COVID-19 on its business operations and financial condition. The agency has made explicit since January…
Mandating Standard ESG Risk Disclosures – Is The Tide Turning At The SEC?
Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the Securities & Exchange Commission has acknowledged this shift,…
