The SEC Division of Corporation Finance determined that, for the purposes of applying Exchange Act Rules related to "Collar Contracts," an insider will be deemed to own the corporation shares underlying the operating partnership units.
SIFMA and the Security Traders Association raised concerns about legislative proposals on capital formation and corporate governance currently under consideration by the U.S. Senate Committee on Banking, Housing and Urban Affairs.
The Board of the International Organization of Securities Commissions (IOSCO) issued a statement on research conducted by the IOSCO Task Force on OTC Derivatives Regulation concerning credit default swap auction processes and the functioning of the ISDA Credit Determinations Committees.
Cadwalader attorneys discuss the advantages, disadvantages and legal considerations of a shift by private equity funds toward the use of "toehold accumulation" tactics as part of value maximization strategies.
The SEC accepted offers of settlement in two enforcement actions involving "disclosure violations that deprived investors of material information during battles for corporate control of publicly traded companies."
The SEC Office of Investor Education and Advocacy informed investors about features and potential risks of alternative mutual funds that hold non-traditional investments or use complex investment and trading strategies.
Cadwalader attorneys urged investors who might engage with management to consider recent guidance from the FTC Premerger Notification Office. The guidance advises that certain behavior may be insufficiently "passive," thereby disqualifying investors from receiving an investment-only exemption under the Hart-Scott-Rodino Act.
The MSRB filed a partial amendment in order to (i) shorten the amount of time in which a firm may resolve an inter-dealer fail from 20 calendar days to 10 and (ii) permit the buyer to grant a one-time ten-calendar-day extension to the seller.