Last month, Representative Maxine Waters, chair of the House Financial Services Committee, introduced a bill entitled Bad Actor Disqualification Act of 2019 (“proposed bill”). The proposed bill is intended to increase transparency and accountability in the Securities and Exchange Commission’s (“SEC”) process of providing bad actor waivers. It sets up a three-step process to request
Hanwen Zhang
Commissioner Peirce on Women on Boards
On June 28, 2019, Commissioner Peirce of the Securities and Exchange Commission (“SEC”) delivered a speech entitled “Baby on Board” at the Society for Corporate Governance National Conference. In her speech, Commissioner Peirce reflected on the “Lady on Board” trend. Peirce noted there is mixed evidence as to whether the inclusion of women on boards…
Market Trends 2018/19: Cybersecurity Related Disclosures
This Lexis Practice Advisor® market trends article identifies comprehensive disclosures related to cybersecurity risks, including discussions about the potential reputational, financial, or operational harm resulting from cybersecurity breaches; the potential associated litigation or regulatory costs; and their policies and procedures addressing cybersecurity incidents, and concludes with practical advice on preparing the required disclosures regarding cybersecurity…
PCAOB Staff Guidance on Critical Audit Matters
In previous blog posts, we have discussed PCAOB Staff Guidance on the basics of critical audit matters (CAMs), the determination of CAMs and the methodologies for CAMs compliance. In a recent PCAOB Staff Guidance, “Implementation of Critical Audit Matters: A Deeper Dive on the Communication of CAMs,” the Staff focuses on CAM communications.…
Voluntary Compliance with New Mining Disclosure Rules Prior to Completion of EDGAR Reprogramming
On October 31, 2018, the Securities and Exchange Commission (the “SEC”) adopted new property disclosure requirements for mining company registrants. The new rules, codified in Subpart 1300 of Regulation S-K, aim to replace the SEC’s thirty-year-old Industry Guide 7 by providing investors with a more comprehensive disclosure of a public company’s mining properties. Changes include:…
Senator Warren’s Proposed Corporate Executive Accountability Act
On April 3, 2019, Sen. Elizabeth Warren introduced a new bill entitled the Corporate Executive Accountability Act that would allow negligent executive officers to be prosecuted for a corporation’s wrongdoings. According to the proposed bill, an executive officer of any corporation with more than $1 billion annual revenue, who negligently permits or fails to prevent…