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  • Article

    New SEC Guidance Facilitates IPOs During The Shutdown

    Following discussions with Davis Polk and other leading capital markets law firms, the SEC posted updated guidance that provides a path forward for companies seeking to IPO during the shutdown.
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    CFTC Announces Advisory On Referrals To DOJ

    The CFTC issued an advisory on when it would refer cases to DOJ for criminal investigation and prosecution. The guidance is relatively brief and straightforward...
    United StatesFinance and Banking
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Investment Management & Funds Regulatory Update - July 2025

    In this issue, we discuss FinCEN's postponement of the effective date for a final anti-money laundering rule that was issued in August 2024 for investment advisers...
    United StatesGovernment, Public Sector
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Treasury Department And IRS Issue Final Regulations For Section 45V Hydrogen Production Tax Credit

    The Treasury Department and IRS released final regulations regarding the clean hydrogen production tax credit, providing additional flexibility and investment certainty.
    United StatesTax
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Fifth Circuit Reinstates Injunction On Corporate Transparency Act; Reporting Requirements On Pause

    Reversing an order issued earlier this week, the Fifth Circuit reinstated the nationwide injunction on enforcement of the Corporate Transparency Act, placing reporting requirements back on pause.
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    New ExxonMobil Program For Retail Shareholders Aims To Promote Greater Participation In Proxy Voting

    Each year, thousands of public companies in the U.S. hold shareholders' meetings and put multiple proposals to a vote.
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Fifth Circuit Vacates Nasdaq Board Diversity Mandate

    A split en banc Fifth Circuit (9 in the majority and 8 in the dissent) has issued a majority opinion vacating the SEC's order approving Nasdaq's...
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    SEC Proposes New Regulatory Scheme for 12b-1 Mutual Fund Fees

    Citing a need to better protect and inform mutual fund investors, the Securities and Exchange Commission ("SEC") proposed on July 21, 2010 to replace Rule 12b-1 under the Investment Company Act with new rules governing asset-based distribution fees and related disclosure in fund prospectuses, annual and semi-annual reports to shareholders and investor confirmation statements.
    United StatesFinance and Banking
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Parties Sue FTC Seeking To Enjoin Implementation Of New HSR Rules

    On January 10, 2025, the U.S. Chamber of Commerce and other parties filed a complaint in the Eastern District of Texas against the Federal Trade Commission and FTC chair Lina Khan...
    United StatesAntitrust/Competition Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    UK Takeovers: New Panel Guidance On Stub Equity Offers

    The Takeover Panel has published a new Practice Statement on unlisted share alternatives, commonly referred to as "stub equity" offers. This update summarises the key points from the statement for bidders and their advisers.
    United KingdomCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Investment Management & Funds Regulatory Update - September 2025

    In this issue, we discuss, among other things, the further extension of the compliance date for Form PF amendments, and a recent enforcement action involving alleged violations...
    United StatesFinance and Banking
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Investment Management & Funds Regulatory Update - October 2025

    In this issue, we discuss a recent no-action letter relating to the use of state trust companies as permitted custodians for crypto assets under relevant Advisers Act and Investment Company Act custody rules.
    United StatesTechnology
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Implementation By Other Companies Of The Retail Investor Voting Program Developed By ExxonMobil

    Since our client update on September 15, we have heard from many companies and advisors with questions about ExxonMobil's innovative Retail Voting Program, which has clearly generated enormous interest
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    California's Climate-Related Disclosure Laws Clear First Litigation Hurdle

    On November 5, 2024, a federal court denied a summary judgment motion to invalidate California's two climate-related disclosure laws on First Amendment grounds leaving them in place as the lawsuit pro...
    United StatesLitigation, Mediation & Arbitration
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Biden DOJ Announces Summary Of Its Changes To Its Corporate Enforcement Policy

    DOJ issued a policy statement summarizing the Biden administration's corporate enforcement efforts and previously announced updates to its Corporate Enforcement Policy (CEP)...
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Ninth Circuit Rejects Securities Fraud Claim Involving Ambiguous Tech Lingo

    On November 19, 2024, a Ninth Circuit panel affirmed the dismissal of a securities fraud action alleging that Cloudera and its officers made false and misleading statements regarding the technical
    United StatesCriminal Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    UK Sustainability Disclosure – Key Developments

    Against the backdrop of increased global focus on climate-related disclosures, there have been several recent developments in the UK's sustainability reporting landscape.
    United KingdomCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    DOJ Antitrust Division Launches Antitrust Whistleblower Rewards Program

    The Department of Justice's Antitrust Division, together with the U.S. Postal Service, has announced a whistleblower rewards program, its first ever for criminal antitrust cases.
    United StatesAntitrust/Competition Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Chairman Atkins' Bid To Reframe Shareholder Proposals Puts Delaware In The Crosshairs

    SEC Chairman Paul Atkins' speech last week in Delaware sounded to many like a death knell for shareholder proposals under Rule 14a-8. In fact...
    United StatesCorporate/Commercial Law
    Davis Polk & Wardwell
    Davis Polk & Wardwell
  • Article

    Seven Crypto Policies The Federal Banking Agencies Are Likely To Revisit

    Changes in leadership at the federal banking agencies are likely to result in significant changes to the regulatory policies regulating crypto.
    United StatesTechnology
    Davis Polk & Wardwell
    Davis Polk & Wardwell

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