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SEC’s Chief Accountant addresses status of accounting and auditing standards projects

Holland & Knight LLP
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USA
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June 7 2010

On May 21, 2010, the SEC's Chief Accountant, James Kroeker, testifying before a Subcommittee of the U.S. House Committee on Financial Services, addressed the status of various accounting and auditing standards matters that the SEC is working on in conjunction with the Financial Accounting Standards Board (FASB) and the Public Company Accounting Oversight Board (PCAOB

SEC proposes asset-backed securities disclosure rules

Holland & Knight LLP
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USA
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October 25 2010

On October 14, 2010, the SEC proposed asset-backed securities disclosure rules in accordance with Sections 932 and 945 of the Dodd-Frank Act

FASB Proposes Changes to the Goodwill Impairment Test

Holland & Knight LLP
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USA
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October 25 2010

On October 6, 2010, the Financial Accounting Standards Board (FASB) proposed two critical changes to the way companies test for impairment of goodwill as part of an accounting standards update on Topic 350

Delaware Court of Chancery applies entire fairness standard to majority stockholder's debt conversion

Holland & Knight LLP
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USA
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August 9 2010

On May 28, 2010, the Delaware Court of Chancery held that the former controlling stockholder of a company had not established the entire fairness of a debt conversion transaction entered into between the company and the controlling stockholder

Court of Chancery affirms validity of bylaw accelerating timing of annual meeting

Holland & Knight LLP
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USA
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October 25 2010

In a case of first impression, the Delaware Court of Chancery considered the validity of a shareholder proposed bylaw amendment that would cause the company's annual meetings to be held in January of each year as opposed to August when the meetings have historically been held

SEC issues interpretive guidance on liquidity and capital resources disclosures and proposes rules addressing short-term borrowings disclosure

Holland & Knight LLP
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USA
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January 7 2011

On September 17, 2010, the SEC issued interpretive guidance on liquidity and capital resources disclosures and proposed rules regarding short-term borrowing disclosures in Management's Discussion and Analysis (the "MD&A"

Poison pill withstands judicial scrutiny despite special treatment given to company founder

Holland & Knight LLP
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USA
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August 23 2010

An investor acquired 18 of a company and publicly stated he was considering purchasing more shares

Delaware Supreme Court invalidates bylaw amendment

Holland & Knight LLP
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USA
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December 6 2010

On November 23, 2010, the Delaware Supreme Court invalidated a bylaw amendment adopted by the stockholders of a company at its September 2010 annual meeting that would have accelerated the date of the company's next annual meeting to January 2011

ISS issues 2011 policy updates

Holland & Knight LLP
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USA
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December 6 2010

As discussed in the November 8, 2010 issue of the Securities & Financial News to Note Bulletin, Institutional Shareholder Services, Inc. (ISS) previously announced the opening of its annual comment period for its 2011 proxy voting policies

Delaware chancery court refuses to certify a class in connection with recapitalization plan

Holland & Knight LLP
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USA
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September 27 2010

The Delaware Court of Chancery refused to certify a class action by minority shareholders alleging material non-disclosures in connection with a recapitalization plan approved by the written consent of less than all of the shareholders under 8 Del

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