Sey-Hyo Lee

Aug 21, 2024 | mondaq.com | Kevin Smith |Sey-Hyo Lee

Under the U.S. federal securities laws and regulations of the Securities and Exchange Commission, U.S. public companies and foreign private issuers are subject to substantial disclosure requirements in their periodic reports required to be filed with the SEC.

Jun 13, 2024 | mondaq.com | David A. Sakowitz |Sey-Hyo Lee |Ricardo Villalba

Over the last two decades, sustainability has become a mainstream global concern, shaping innovative financial instruments (in the form of loans and debt securities) that integrate environmental, social, and corporate governance (ESG) factors with broader considerations for long-term economic sustainability, collectively defined as sustainable finance.

Jan 4, 2024 | mondaq.com | David A. Sakowitz |Sey-Hyo Lee |Nnamdi Ezenwa

On December 19, 2023, the Fifth Circuit vacated the Securities and Exchange Commission's (SEC) new share repurchase disclosure rule discussed in our prior blog posts available here and here. The court acted on the plaintiffs' motion to vacate after the SEC failed to correct on remand the defects in the rule found by the court by the November 30, 2023 deadline, following the court's denial of the SEC's motion to extend the deadline.

Nov 22, 2023 | mondaq.com | David A. Sakowitz |Justin Hoffman |Sey-Hyo Lee |Hannah Miller

On October 30, 2023, the Securities Exchange Commission (the SEC) issued an exemptive order (available here) that permanently exempts brokers and dealers from the public information requirements of Rule 15c2-11 with respect to making quotations in Rule 144A fixed-income securities.

Nov 10, 2023 | mondaq.com | David A. Sakowitz |Sey-Hyo Lee |Nnamdi Ezenwa

On October 31, 2023, the Fifth Circuit Court of Appeals held that the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously, in violation of the Administrative Procedures Act (APA), when it failed to respond to petitioners' comments and failed to conduct a proper cost-benefit analysis in connection with the adoption of rules requiring issuers to disclose share repurchase activity and the reasoning as to why the issuer repurchased its own shares.