Bryan Flannery

3 weeks ago | mondaq.com | Kerry E. Berchem |Garrett A. DeVries |Bryan Flannery

In a widely anticipated move, the U.S. Securities and ExchangeCommission (SEC) has announced that it will no longer defend theagency's climate disclosure rule issued during the Bidenadministration. The disclosure rule (Final Rule), which we wroteabout here, was adopted by the SECin March 2024 and would have required public companies to disclosecertain climate-related information in their registrationstatements and annual reports.

4 weeks ago | mondaq.com | Kerry E. Berchem |Garrett A. DeVries |Bryan Flannery

On March 20, 2025, the U.S. Securities and Exchange Commission(SEC) staff issued a set of Compliance & Disclosure Interpretations(C&DIs). In particular, SEC staff revised or withdrew severalC&DIs to allow all Form S-3s, not just Form S-3ASRs, to befiled and declared effective after filing the Form 10-K but priorto filing the proxy statement containing Part III information.

1 month ago | lexology.com | Kerry E. Berchem |Jesse Michael Brush |Garrett A. DeVries |Bryan Flannery |John Goodgame |Rosa Testani

On March 12, 2025, the U.S. Securities and Exchange Commission (SEC)’s Division of Corporation Finance (SEC Staff) published new and revised Compliance and Disclosure Interpretations (C&DIs) regarding private offering exemptions. In particular, the SEC Staff published two new C&DIs under Rule 502 (Questions 256.35 and 256.36) of the Securities Act of 1933 (Securities Act), effectively providing a new safe harbor for verifying “accredited investor” status in a Rule 506(c) offering.

1 month ago | mondaq.com | Kerry E. Berchem |Garrett A. DeVries |Bryan Flannery

On March 6, 2025, the U.S. Securities and Exchange Commission(SEC) published (1) arevisedCompliance andDisclosure Interpretation (C&DI) regarding lock-up agreementsin business combinations and (2) fivenewC&DIs regarding tenderoffers.

1 month ago | mondaq.com | Kerry E. Berchem |Garrett A. DeVries |Bryan Flannery

AG Akin Gump Strauss Hauer & Feld LLP More Akin is a law firm focused on providing extraordinary client service, a rewarding environment for our diverse workforce and exceptional legal representation irrespective of ability to pay. The deep transactional, litigation, regulatory and policy experience we bring to client engagements helps us craft innovative, effective solutions and strategies.