Tuesday, February 7, 2012

Court Vacates SEC’s Proxy Access Rule on Basis of Inadequate Economic Analysis

In yet another blow to the Securities and Exchange Commission’s rulemaking efforts, the U.S. Court of Appeals for the District of Columbia Circuit July 22 struck down the agency’s proxy access rule, saying it acted arbitrarily by failing adequately to assess the regulation’s economic impact…

Proxy Access Case Briefing Schedule Indicates New Rules Will Not Apply in 2011

The U.S. Court of Appeals for the District of Columbia Circuit Oct. 14 approved a previous hitbriefingnext hit previous hitschedulenext hit in litigation over the…

In Historic Rulemaking, SEC Allows Investors to Access Proxies to Nominate Directors

In a historic vote, the Securities and Exchange Commission Aug. 25 approved controversial rule amendments to facilitate the rights of shareholders under…

Investors Laud Passage of Senate Bill but Fear Loss of Governance Terms in Merged Measure

Institutional investors and shareholder advocates lauded passage of the Senate financial regulatory reform legislation (S. 3217), saying the bill’s corporate governance provisions bring…

SEC Enforcement Division Mulling Publication of Benefits from Cooperation

The Securities and Exchange Commission’s Enforcement Division is mulling possible ways in which to publish the results of benefits received by individuals and…

Court Clears $150 Million Settlement Between SEC, Bank of America over Merrill Proxies

The U.S. District Court for the Southern District of New York Feb. 22 gave its lukewarm approval to a proposed $150 million settlement between the Securities and Exchange Commission…

ANALYSIS: SEC Opens Door for Climate Change-Related Shareholder Proposals and Disclosure Requirements, with Potential New Liabilities for Public Companies

The 2009 proxy season saw a record number of shareholder resolutions related to climate change directed at a range of industries, including automotive…

Bank of America, Two Former Execs Sued by New York Attorney General over Bank’s Acquisition of Merrill Lynch

New York Attorney General Andrew M. Cuomo (D) Feb. 4 announced securities law violation charges against Bank of America Corp. (BAC) and two former BofA senior executives…