The U.S. Court of Appeals for the Second Circuit recently provided guidance regarding Section 16(b) short-swing profit liability for corporate issuers and institutional investors. On July 7, 2026, the court affirmed the dismissal of an action brought by the post-bankruptcy successor to Bed Bath & Beyond (“BBB”), which sought to recover more than $310 million
Gilat Abraham Zaefen
Upcoming SEC Investor Advisory Committee on March 12
By Gilat Abraham Zaefen on
- Public Company
Nasdaq Proposes Expanded Discretion to Deny Initial Listings on Public Interest Grounds
By Gilat Abraham Zaefen on
On December 12, 2025, The Nasdaq Stock Market LLC (“Nasdaq”) filed a proposed rule change with the Securities and Exchange Commission (“SEC”) that would expand Nasdaq’s authority to deny initial listing, even when an issuer satisfies all applicable quantitative and corporate governance listing requirements. Nasdaq states that the proposal is intended to support meaningful listing…

