ACC Corporate and Securities Committee Opposes Proposed SEC Rules on Director Nominations

ACC’s Corporate and Securities Committee (CSL), in a supplemental letter to the Securities and Exchange Commission dated January 19, voiced concerns that the proposed rules “Facilitating Shareholder Director Nominations” would unintentionally harm long-term shareholders by mandating the right of short-term … Continue reading

In Comments to SEC, ACC Committee Supports Improvements to Notice and Access Process

In a November 20 letter to the U.S. Securities and Exchange Commission, the ACC Corporate and Securities Law Committee (CSLC) comments on the SEC’s Proposed Rule amending rules on internet availability of proxy materials. Among other changes, the Committee recommends … Continue reading

ACC Amicus Brief in Refco Appeal Opposes Liability Theory’s Threat to Transactional/Securities Lawyers

ACC filed an amicus brief on September 16th in the Second Circuit urging the court to reject the Securities and Exchange Commission’s (SEC) arguments in Pacific Management Co. v. Mayer Brown LLP, No. 09-1619-cv (2d Cir.). ACC argues the SEC’s … Continue reading

Corporate and Securities Committee Comments On SEC’s Proposed Proxy Disclosure/Solicitation Rules

ACC’s Corporate and Securities Committee (CSL), in a letter filed September 15th, registered concerns over several aspects of the Securities and Exchange Commission’s proposed Proxy Disclosure and Solicitation Enhancements. SEC proposals include enhanced compensation disclosures, director and nominees disclosures, disclosures … Continue reading

Corporate and Securities Committee Cites Issues with Proposed SEC Rules

ACC’s Corporate and Securities Committee (CSL), in a letter dated August 17, registered concerns over several aspects of the proposed Proxy Access Rule, and lists several areas which must be addressed in the event the Securities and exchange Commission proceeds. … Continue reading

SEC Releases New Guidance Manual Reflecting Increased Protections of Privilege

Oct 7, 2008 – In yet another positive development in the fight to protect privilege in corporate investigations, the SEC posted on its website a new Enforcement Manual for guidance to investigatory staff. This new guidance closely tracks the protections … Continue reading