On Tuesday, the Supreme Court heard oral argument in Liu v. SEC, which concerns whether, or to what extent, the SEC may ask courts to disgorge defendants’ ill-gotten gains. As I discussed in a previous post, disgorgement accounts for most of the...
In connection with the order issued by the Securities and Exchange Commission yesterday providing filing relief for companies that are affected by the coronavirus, the Commission reminded all companies to be vigilant regarding their disclosure...
The Internal Revenue Service (IRS)’s Office of Chief Counsel recently issued a memorandum (the “CCM”) announcing that the Employer Shared Responsibility Payment (“Employer Penalty”) under Code Section 4980H is effectively not subject to the Code’s...
Q: I have a potential hire who came back with a hit on her SING check. She seems like a great nurse and claims she has a prior clearance which will allow her to work. Is that enough?...
10.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories......
This is an update on a December 2018 alert warning celebrities of the dangers of accepting compensation to endorse investments in securities, particularly Initial Coin Offerings (ICOs). The alert discussed charges filed by the Securities and...
The recent opinion in Scalia v. Employer Solutions Staffing Group, LLC (9th Cir., Mar. 2, 2020, No. 18-16493) 2020 WL 992564 (“Scalia”) considered the application of the Fair Labor Standards Act of 1938 (“FLSA”) and addressed the question of whether...
When facing a potential pandemic, the level of preparedness, particularly for those sectors with the potential to be hardest hit, is critical. For importers and exporters, taking the appropriate steps to prepare for a possible COVID-19 pandemic and...
The staff of the Securities and Exchange Commission’s (SEC) Division of Investment Management has expanded relief for registered investment company boards from the in-person voting requirements of certain provisions of the Investment Company Act of...
On March 4, 2020, the Securities and Exchange Commission (“SEC”) proposed amendments to the current framework of registration exemptions and safe harbors.... By: Mayer Brown Free Writings + Perspectives
