Tag Archives: Regulatory reform & SEC issues

SEC has its say on pay

The Securities and Exchange Commission adopted final rules on “Say on Pay” and other executive compensation requirements under the Dodd-Frank Act of 2010. Starting now, most companies must get an advisory vote of shareholders on executive compensation at least every three years. And ask stockholders how often they want to offer their say on pay. And get input on [...]

Mr. Market, meet Mr. Regulator

Today President Obama signed into law the far-reaching expansion of federal regulation of US banking and capital markets. The overhaul has been brewing in Washington since the financial crisis in 2008 – and the 848-page heft of the Dodd-Frank Wall Street Reform and Consumer Protection Act (PDF here) may have something to do with the [...]

Body language & tone are back

In a spirit of renewed regulatory machismo, the SEC is reportedly investigating whether generic drug company Mylan violated Regulation FD by “sounding excited” and dropping positive hints about upcoming earnings in a 2009 meeting with a analysts and investors, according to today’s Wall Street Journal (page C1). The incident is a reminder of the risks of [...]

Let’s NOT squash trading

As you know from reading the papers, Washington “powers that be” have two impulses when it comes to Wall Street and stock market activity:

If it’s an activity where people can lose money, we need to regulate it.
If it’s a thing where people can make too much money, we need to regulate it – and maybe [...]

Oh, good (for now anyway)

One regulatory reform proposal has slowed down a bit, at least for now: The Securities and Exchange Commission doesn’t plan to vote until early 2010 on a “proxy access” rule, which would help shareholder activists nominate slates for corporate boards, The Wall Street Journal reports today.
Delay of an SEC vote from autumn to January or February means [...]

Watching Washington

All eyes are on Washington this fall, as the country watches hope and change take hold through new laws and regulations. When NIRI President and CEO Jeff Morgan briefed a group of investor relations people and corporate lawyers in Kansas City on changes coming our way from DC, “scary” was a word that kept recurring.
“There [...]

Pushback on ‘TBTF’

Propping up banks that are “too big to fail” with taxpayers’ capital doesn’t improve the US financial system or benefit bank customers – it just concentrates more power in the hands of a few giant institutions – Tom Hoenig, president of the Federal Reserve Bank of Kansas City, argues in this week’s Barron’s.
Noting that the [...]

Schoolmarm & the three Rs

President Obama commemorated today’s anniversary of the collapse of Lehman Brothers and the ensuing financial panic by going to the Wall Street playground and delivering a schoolmarm’s lecture to the boys who’ve been acting up. (News story here, text of speech here.)
Like many a grammar school teacher, Mr. O lectured all the kids without differentiating much between [...]

Quote, unquote – Proxy EXcess

Discussion of the Securities and Exchange Commission’s proposed new “proxy access” rule, aimed at giving activist shareholders an easier shot at electing members or slates to boards of directors, can get pretty arcane.
So I was glad to see, in today’s Wall Street Journal, a good primer on 14a-11 and a succinct and quotable quote that, [...]

Yes, the SEC is more active

If you think the Securities and Exchange Commission has been cranking out more enforcement actions since President Obama took office, you’re right, says a July 18 Harvard Law School Forum post by lawyers at Gibson, Dunn & Crutcher.
The numbers show a big increase in enforcement actions across various categories: new investigations opened (+23% in early 2009 vs. 2008), [...]