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FERC Enters the Trump Era

USA - March 9 2017 On Friday, March 3, 2017, the Federal Energy Regulatory Commission (FERC) made the much-anticipated announcement of its upcoming staff-led technical...

Jeffrey S. Merrifield, Andrew D. Weissman, Meghan Claire Hammond, Sheila McCafferty Harvey.


U.S. Supreme Court Makes It Harder to Remove Some Securities Cases to Federal Court

USA - June 6 2016 In Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, the U.S. Supreme Court held that mere references to Securities Exchange Act of 1934...

Naresh C. Lall, Bruce A. Ericson.


The SEC adopts transaction requirements that preserve Form S-3 eligibility for most issuers

USA - August 2 2011 The Securities and Exchange Commission (SEC) has eliminated the use of investment grade credit ratings as a transaction requirement for short-form registration of securities, instead creating alternative transaction requirements that preserve the use of Form S-3 for most companies that previously relied on their investment grade credit ratings....

David S. Baxter, Todd W. Eckland, Kimberly E. Moritz.


SEC's mandate to eliminate credit ratings will cut off short-form registration for some seasoned issuers

USA - February 23 2011 The Securities and Exchange Commission (SEC) has proposed amendments to its rules that would eliminate the use of investment grade credit ratings as a condition for short-form registration of securities....

David S. Baxter, Todd W. Eckland, Kimberly E. Moritz.


Second Circuit provides guidance as to when a cautionary statement is not meaningful

USA - May 26 2010 According to the Second Circuit, vague cautionary language related to a forward-looking statement does not warrant protection under the PSLRA's safe harbor, but plaintiffs nonetheless face a heavy burden in establishing a defendant's actual knowledge that a forward-looking statement was misleading....

Anthony D. Foti.