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  • Article

    California DFPI Suspends FIPVCC Implementation Pending Rulemaking

    In response to stakeholder feedback, California Department of Financial Protection and Innovation (DFPI) has announced its intention to initiate a rulemaking...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Change On The Way: SEC Reiterates Commitment To Disclose Reform

    Last week, James Moloney, Director of the SEC's Division of Corporation Finance, released a statement reiterating the Division's general commitment to disclosure...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Congress Considering Securities Offering Reform To Encourage Capital Formation

    On Tuesday, March 5th, the U.S. House Financial Services Committee debated several bills that could have a significant impact on capital formation in private and public markets.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Corporate Social Responsibility and Risk Management

    Gare Smith and I recently co-authored an article on corporate social responsibility ("CSR") and risk management for Executive Counsel magazine.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Environmental Liability Of Dissolved Corporations In Delaware Is Forever

    Ever since the Supreme Court’s decision in Citizen’s United, an effort has been made to humanize corporations, culminating in Mitt Romney’s infamous pronouncement that "Corporations are people my friend."
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Form CRS Due Date Reminder

    In accordance with SEC rules, all registered investment advisers with clients that are "retail investors" are required to file Part 3 of Form ADV (Form CRS) with the SEC...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Implementing a Corporate Free, Prior, and Informed Consent Policy: Benefits and Challenges

    This report explores the benefits that Talisman Energy Inc. ("Talisman") might derive and the challenges it might encounter if it were to adopt a policy to secure the free, prior, and informed consent ("FPIC") of indigenous peoples potentially impacted by its global operations. Talisman commissioned this report at the request of two responsible investors, Bâtirente and Regroupement pour la responsabilité sociale des entreprises ("RRSE").
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    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 concerns.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Investment Adviser Agrees To Pay $5 Million For Compliance Deficiencies In Valuing Client Assets

    On June 4, 2019, the SEC announced that Deer Park Road Management Company, LP, a prominent private fund manager in the mortgage-backed securities space and registered investment adviser...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Massachusetts Regulators Placing Increased Focus On Cannabis-Related Securities Offerings

    Massachusetts Secretary of State Bill Galvin and his Securities Division are increasingly turning their attention toward securities offerings in the cannabis industry
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Mergers & Acquisitions 2017

    In 2017, we had the good fortune to partner with clients on some of their most exciting and challenging mergers and acquisitions.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    NLRB Adopts "Contract Coverage" Standard

    New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Non-Essential Businesses In MA To Remain Closed Until May 18

    On April 28, 2020, Governor Baker extended the essential services and limited gatherings Order, originally put in place on March 23, 2020, through May 18, 2020.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Public Offerings May Continue, Despite SEC Shutdown

    The SEC's Division of Corporation Finance has posted helpful FAQs about the impact of the government shutdown on registration statements for public offerings
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    RCRA Citizen Suits Are Still Constitutional

    2012 is shaping up to be the Year of the Commerce Clause.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Adopts New Marketing Rule FAQ

    On February 6, 2024, the U.S. Securities and Exchange Commission ("SEC") issued an updated FAQ for investment advisers relating to SEC Rule 206...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Announces Meeting To Consider Amendments To "Accelerated Filer" And "Large Accelerated Filer" Definitions

    Yesterday, the SEC announced that it would hold a public meeting on Thursday, May 9, 2019 to consider whether to propose amendments to the "accelerated filer"
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Approves Higher Thresholds For Smaller Reporting Companies

    Yesterday, the Securities and Exchange Commission approved changes to the definition of a "smaller reporting company," or SRC, that will significantly increase the availability of the less burdensome, ...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Report On ICOs And Token Sales – "If It Sounds Too Good To Be True…"

    On July 25, 2017, the SEC issued an investigative report to advise those who have used or may consider using a virtual organization or capital raising entity that uses distributed ledger or blockchain technology ...
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Signals Potential Shift In Disclosure Requirements

    Recent developments at the SEC highlight the Commission's focus on reducing disclosure burdens for companies and encouraging public capital formation.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP

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