October 2019

Fairchild Morgan Law / 2019 / October

Client Alert | Preparing for the 2020 Proxy Season

Board Diversity, Social and Environmental Disclosure and Shareholder Engagement Take Center Stage October 30, 2019 | It is time to begin preparing for the 2020 proxy season and, though there are some minor rule changes, we believe this season will be defined by a focus on board diversity, social disclosure and shareholder engagement. As investors’ expectations mature, if not increase, in these areas, we’ve prepared a summary of developments to help guide your compliance efforts. Board Diversity. For some perspective on...

Client Brief | SEC Expands “Testing-the-Waters” Rule Beyond Emerging Growth Companies

October 7, 2019 | On September 26, 2019, the U.S. Securities and Exchange Commission (SEC) adopted a new rule, significantly expanding the “testing-the-waters” (TTW) accommodation previously reserved for emerging growth companies, or ECGs, defined as companies with less than $1.07 billion in annual revenues and which do not qualify as a large accelerated filer. Rule 163B now makes the TTW accommodation available to issuers of any size or reporting status. Issuers may now gauge potential market interest for a registered public...