The Securities and Exchange Commission’s Investor Advisory Committee (the “Committee”) will meet on Tuesday, December 10, 2024, in an open meeting, that will stream on the SEC’s website. The Committee will first hear from two panels. The first panel, “Examining the Use of Mandatory Arbitration Clauses by Registered Investment Advisers,” will examine the use and
Carlos E. Juarez
Carlos Juarez is a Summer Associate at Mayer Brown LLP and current J.D. candidate at the Villanova University Charles Widger School of Law.
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SEC Charges Company with Misleading Recyclability Claims
By Anna T. Pinedo & Carlos E. Juarez on
In September 2024, the Securities and Exchange Commission charged a consumer products company (the “Company”) with having made inaccurate claims regarding the recyclability of its single-use coffee pods. The SEC found that the company violated Section 13(a) of the Securities Exchange Act of 1934 and Rule 13a-1, which require companies to file accurate reports.
According…
SEC Testifies Before Congress & Updates from the Division of Corporation Finance
By Anna T. Pinedo & Carlos E. Juarez on
Posted in SEC News, Securities Regulation
The Chair and Commissioners of the Securities and Exchange Commission testified before the US House of Representatives Committee on Financial Services on September 24, 2024. The SEC’s testimony provided updates on market conditions and highlighted key developments in the Commission’s rulemaking activities over the past year.
The SEC noted that the US capital markets makes…
Accelerated Schedule 13G Reporting Deadlines Effective September 30
By Anna T. Pinedo & Carlos E. Juarez on
Posted in Public Companies, SEC News
The Securities and Exchange Commission’s accelerated Schedule 13G filing deadlines become effective September 30, 2024. On October 10, 2023, the SEC adopted changes to Schedules 13D and 13G relating to beneficial ownership reports (the “Final Rules”). The Final Rules are intended to modernize the rules governing beneficial ownership reporting and generally shorten the period for…
SEC Abandons Review of Vacated Private Fund Adviser Rules
By Anna T. Pinedo & Carlos E. Juarez on
The Securities and Exchange Commission let pass the deadline to seek a review of the decision by the US Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) to vacate the SEC’s final rule relating to private fund advisers (the “Final Rule”). The SEC adopted the Final Rule on August 23, 2023. The Final…
SDNY Issues Final Ruling on SEC v. Ripple
By Anna T. Pinedo & Carlos E. Juarez on
Earlier this month, the Southern District of New York issued its final ruling and remedies order in Securities and Exchange Commission v. Ripple Labs, Inc. Judge Analisa Torres found that the SEC failed to show that any investor was harmed by Ripple’s sales of the crypto asset XRP, rejecting the SEC’s disgorgement theory.
The court…
The State of Disclosure Review
By Ali Perry & Carlos E. Juarez on
The Director of the SEC’s Division of Corporation Finance (the “Division”), Erik Gerding, shared his views on the state of public company disclosures during 2023 and the SEC Staff’s review priorities for 2024. The statements were made in April 2024 at the Practicing Law Institute’s 2024 The SEC Speaks Conference and were recently published in…
Founder Friendly Funding: The State of the Venture Markets
By Mark Bonham & Carlos E. Juarez on
Based on data in Carta’s recently published State of the Markets report, the venture markets have experienced a slight uptick in number of deals and in dollars raised quarter-over-quarter. Companies on Carta’s platform completed 4% more deals and raised 12% more capital during the second quarter of 2024 compared to the first quarter. During the…
Fintech Capital Raising Trends in 2024
By Anna T. Pinedo & Carlos E. Juarez on
Fintech Capital Raising Trends in 2024
Global capital raising in the fintech sector rose 19% quarter over quarter, while deal volume declined 16%, signaling that investors remain cautious, according to CB Insights’ State of Fintech quarterly report. U.S. fintech deals raised $4.8 billion in 324 deals. CB Insights’ report discusses financing, exit, and other…
SEC Director Focuses on CRE Disclosures
By Brian Hirshberg & Carlos E. Juarez on
As part of a panel discussion at the Practising Law Institute’s 2024 SEC Speaks Conference held on April 2, 2024, the Director of the SEC’s Division of Corporation Finance, Erik Gerding, highlighted several risks and disclosures relating to commercial real estate (CRE) that the Staff has recently focused on and expects to continue to focus…