Regulatory & Compliance

This week’s governance, compliance and risk-management stories from around the web – The Wall Street Journal (paywall) reported that the Fifth US Circuit Court of Appeals temporarily halted new SEC rules requiring public companies to disclose climate-related risks. The court granted a request for an administrative stay on the rules just over a week after Liberty Energy and Nomad Proppant Services filed a lawsuit challenging them. The court didn’t explain the reasoning behind the order. Shortly after the SEC ruling on March 6, a coalition of 10 states, including Georgia, West Virginia and Alaska, filed a legal challenge. The US…

This week’s governance, compliance and risk-management stories from around the web NYSE-listed Elanco Animal Health has promoted Shiv O’Neill to become executive vice president, general counsel and corporate secretary. In her new role, O’Neill is responsible for the global strategy and operations of the company’s legal team, ethics & compliance organization and ESG efforts. Most recently, she was vice president and deputy general counsel for the Americas at Elanco. In that position she led the strategy and operations of Elanco’s commercial and regulatory legal team in the Americas and provided strategic advice and counsel to company leaders in its US…

Amid a continued focus on FCPA enforcement, John Davis explains US agencies’ priorities and evolving practices In 2024, the US Foreign Corrupt Practices Act (FCPA) and related laws will continue to present potentially significant risks requiring attention by senior management and boards. Here are six key trends to watch. 1. Case numbers are down but enforcement remains a priorityAlthough the number of announced corporate FCPA dispositions has been lower in the past several years than pre-pandemic levels, the US Department of Justice (DoJ) and the SEC will continue to focus on FCPA enforcement, as indicated by recent speeches and cases.…

Governance Intelligence’s ‘Entity Management: Keeping the corporate structure efficient and safe’ presents the findings from exclusive research delivering actionable insights into, among other things, which team is responsible for entity management, how much and in what areas companies use outside advisers/service providers, changes in the resources deployed to entity management and the use of technology – including AI – and priorities for entity management work. DownloadEntity Management: Keeping the corporate structure efficient and safe here >> The findings in this report are based on an online survey conducted among governance professionals such as general counsel, corporate secretaries and their teams…

This week’s governance, compliance and risk-management stories from around the web – Reuters (paywall) reported that a challenge by conservative groups to a Nasdaq rule requiring companies to disclose board diversity or lack thereof will be reconsidered by the 5th US Circuit Court of Appeals after an earlier panel of the court upheld the requirement. The rule approved by the SEC in August 2021 requires companies listed on Nasdaq to have one director who identifies as female, a member of an under-represented racial or ethnic minority or LGBTQ+ designation or explain why they do not. More than two thirds of…

SEC rules came into effect at the start of 2024 Companies that are among the first to file their Form 10Ks under new SEC cyber-security rules are taking different approaches as governance professionals seek the best ways to comply. An analysis by DragonGC of filings from almost 30 large public companies shows that although some commonalities are emerging in terms of new disclosures, there are frequent differences in specificities and the degree of detail firms are including in the forms. The analysis is based on filings made between the start of 2024, when the rules went into force, and earlier…

Governance Intelligence Webinar dives into complicated world of entity management How can governance professionals keep track of an increasingly complex organization amid rapid expansion, acquisitions and other transactions? This was the focus of a recent Governance Intelligence Webinar titled ‘How to navigate global growth, regulatory dynamics and professional partnerships’, held in association with Athennian. A panel of experienced professionals discussed the challenges of global expansion, whether through entering a new jurisdiction or by expanding your organization’s presence via its existing subsidiaries. Gregg Mazzetti, senior director of global governance at Salesforce, was well placed to discuss these challenges after his company…

FDIC plans could set precedents ‘for sectors beyond banking’, director group warns Neiman Marcus Group (NMG) has promoted Tom Mattei to become chief legal officer (CLO) and corporate secretary. In his new role, Mattei oversees corporate governance matters, strategic legal and risk-related initiatives and loss prevention in addition to his existing responsibilities as the company’s chief compliance officer (CCO). He continues to report to CEO Geoffroy van Raemdonck. Mattei joined NMG in 2020 as assistant general counsel and assistant corporate secretary before becoming deputy general counsel for corporate, assistant corporate secretary and CCO last year. According to NMG, he has…